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These Wyrel Terms of Use for Users (hereinafter – “Terms”, “Agreement”) regulate the User’s (“User”, “You”) use of Wyrel and constitute a legally binding agreement between the Administration and the User as to the Services provision (hereinafter collectively referred to as the “Parties” and separately as the “Party”).
Please read carefully these Terms as well as the Privacy Policy, Cookies Policy, and Copyright Policy before using Wyrel. The Privacy Policy is a document regulating our privacy practices as to your personal information. The Cookies Policy is a document regulating our practices of using Cookies when You use Wyrel website. Copyright Policy is a document containing procedures for copyright non-infringement relating to content placed on Wyrel website. The Policies shall be integral parts of these Terms.
If You wish to be a User and a Client of Wyrel - an online Shop - You must first agree to these Terms, Privacy Policy, Cookies Policy, Copyright Policy in their entirety. If you disagree with these Terms, or Privacy Policy, or Cookies Policy, Copyright Policy, or if you are not legally authorized to do so, please do not use Wyrel. The Terms constitute a public offer and are mutually binding for the Parties after You agree to these Terms. The Terms shall be deemed accepted by You upon checking the respective blank “I have read and agree to the Terms”.
1.1 “Account” shall mean a virtual space detached for You by means of software and intended for the use of Wyrel, the access to which is provided for You automatically upon your successful registration.
1.2 “Administration”, an entity that operates Wyrel online Shop.
1.3 “Blocking” shall mean the method by which the Administration pursuant to the provisions of these Terms may technically prevent Users from using Wyrel (for a definite time) or permanently (for an indefinite time), and which may be applied to the User’s Account, IP addresses, and to ranges of IP addresses.
1.4 “Developer” shall mean any person or entity which developed any goods/services as well as digital products presented on Wyrel Website and available for purchase.
1.5 “Product” shall mean goods and services as well as digital items available to be purchased on Wyrel.
1.6 “User” / “Client” shall mean any person or entity, Buyer, who may respectively sell or buy digital items, offered on the Wyrel’s website.
1.7 “Wyrel” shall mean an online Shop platform, provided by Administration on the website “Wyrel.com”.
1.8 “Website” shall mean “Wyrel.com” and all of its sections.
2.1 Wyrel Shop is designated for and acts as an online shop, where the Wyrel online shop can offer their digital items to the Buyer(s) and the Buyer(s) can purchase.
2.2 The User may access Wyrel through any device, which is capable of accessing and/or supporting Wyrel using an internet connection.
2.3 The User shall at all times comply with any operating procedures, requirements, or guidelines regarding the use of Wyrel, that are by any means provided or made available to the User.
2.4 Wyrel only sells digital products of other developers, which means that Wyrel shall bear no responsibility for the content provided by the developer. User shall address all the claims to the respective product developer in regards to technical support, recent software updates, compatibility questions and other issues beyond Wyrel’s control.
2.5 User shall be bound by developer’s end user licence agreement and shall not violate its terms.
2.6 Wyrel is an online-Shop offering certain digital product versions/editions and bears no responsibility for the updates of such digital products by the developers. In case new version/edition of purchased digital product is released, User shall proceed with any due actions/payments required from their side with the developer.
3.1 The website content placed on or accessible through Wyrel Shop, and compilation thereof is the property of Wyrel Administration protected by Republic of Estonia copyright law and international copyright laws.
3.2 All content of the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Wyrel (as per the website infrastructure and Shop provision) or Wyrel’s content suppliers (e.g., as per the Seller(s)’s posts, etc.) protected by Republic of Estonia copyright law and international copyright laws.
3.3 All content of the Website is also a subject to Wyrel Copyright Policy which is integral with these Terms.
4.1 The User needs to register its own Wyrel Account in order to use services provided by Wyrel. The User is responsible for keeping the User’s Account and password confidential to prevent an unauthorised third party’s access to it, and the User agrees to accept responsibility for all activities under it. Wyrel reserves the right to refuse service, terminate the User’s Account, terminate the User’s rights to use Wyrel, and remove or edit content, in its sole discretion.The User’s registration of the Account following the registration procedure shall mean the User’s full and unconditional acceptance of these Terms, the Copyright Policy, the Privacy Policy and the Cookies Policy, pursuant to the User’s consent.
4.2 Under certain circumstances, in Wyrel sole discretion, the User may be required to undergo the verification procedures, in accordance with our internal policies, and to provide any additional information and/or documents in relation to the goods/services purchase and product transaction.
4.3 In case of insufficient credibility, in judgement, Wyrel may terminate these Terms and/or Account without notice.
4.4 Wyrel Account may be registered by any person, who has the right and legal capacity to use the Services provided by Wyrel, and is not barred or otherwise legally prohibited from accessing or using Wyrel. The person shall not use Wyrel if they are under 18 years of age.
4.5 The registration of the Account requires that the User specifies and uses their email address and a reliable password.
4.6 The User shall be fully responsible for all activity that occurs under their Account, including for any actions taken by persons to whom the User has granted access to the Account, if done so. Administration reserves the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the Account registration requirements or these Terms.
4.7 The User is entitled to cancel their Account at any time.
4.8 If the Account is cancelled: it will be deactivated or deleted; all of the rights granted under the User’s Account will immediately come to an end; and all of the User’s data and content may be deleted from our systems provided that it is in compliance with the applicable Republic of Estonia or other international Data Protection laws (e.g., EU General Data Protection Regulation, concerning the privacy of the individuals from within the EU/EEA, etc.), and/or duly archived for the necessary period of time if and where required by appropriate applicable law.
5.1 Before you make an order on Wyrel you should examine your hardware and software compatibility with products you would like to purchase. Certain products can have specific requirements for them to function properly on different devices which include but not limited to: hardware capabilities, type of operating system, sufficient memory on your device space, system compatibility.
5.2 Please carefully study compatibility information about the product and your device before making a purchase to avoid extra transactions as well as refunds. Any refund requests related to the incompatibility of your system, device as well as other software/hardware parameters shall not be processed and any paid fees shall not be refundable.
6.1 Wyrel website contains offers, which may contain the following information on the product:
- Product ID
- Product edition
- Delivery time
- Region of availability
- Warranty
- Compatible platform
- Stock
Please study all the available information on the product before proceeding with placing an order. Certain product information cannot be precisely accurate and Wyrel cannot bear responsibility for any of product properties/information placed on the website in case some of such properties/information may change outside of Wyrel’s control.
6.2 Order is placed by the User after registering an account and using an option “Buy Now” or “Add To Cart”.
Placing an order on Wyrel means automatic acceptance of these Terms and all other Wyrel policies, which are an integral part to these Terms. As the order is placed you will have to proceed to payment with available payment methods. Once the payment has been successfully processed you shall receive access to the digital product.
There may be cases when we are not able to proceed with completing your order and we will let you know about it. Such cases may include:
- The Product is unavailable;
- Wyrel cannot authorize your payment;
- You are not allowed to buy the Product;
- Wyrel is not allowed to sell the Product to you;
- There has been a mistake on the pricing or description of the Product.
7.1 Wyrel may prohibit its Shop provision in accordance with its internal policies, at its sole discretion, without prior notice. Wyrel shall not be held liable to the User for any losses.
7.2 The User may not use our services if he is residing in certain countries. These countries will be listed on the Website and updated from time to time. This list is not exhaustive and we may in our sole discretion decide to discontinue or restrict our services in other countries at any time and without prior notice. We reserve the right to suspend or terminate the User’s Account at any time. List of restricted countries/territories: Abkhazia, Afghanistan, Albania, American Samoa, Angola, Anguilla, Bangladesh, Barbados, Belarus, Benin, Bolivia, Botswana, Burkina Faso, Burma / Myanmar, Burundi, Cabo Verde / Cape Verde, Cambodia, Cameroon, Cayman Islands, Cuba, Central African Republic, Chad, Comoros (the Union of the Comoros), Congo, Côte d’Ivoire / Côte d’Ivoire (Ivory Coast), Republic of Crimea (Ukraine), Democratic People’s Republic of Korea (DPRK / North Korea), Democratic Republic of the Congo, Donetsk region (the occupied territory only), Djibouti, Equatorial Guinea, Eritrea, Eswatini (Swaziland), Gabon, Gambia, Ghana, Gibraltar, Guam, Guinea, Guinea-Bissau, Guyana, Haiti, Iran, Iraq, Jamaica, Jordan, Kosovo, Kiribati, Laos (Lao People’s Democratic Republic), Lebanon, Luhansk region (the occupied territory only), Liberia, Libya, Macao, Malawi, Mali, Marocco, Mauritania, Micronesia (Federated States of), Mongolia, Mozambique, Namibia, Nicaragua, Niger, Northern Mariana Islands, Pakistan, Palau, Palestine, Panama, Papua New Guinea, Philippines, Russian Federation, Samoa, Sao Tome and Principe, Serbia, Sierra Leone, Senegal, Somalia, South Ossetia, South Sudan, Sri Lanka, Sudan, Syria, Tanzania, Timor-Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkmenistan, Tuvalu, UAE, Uganda, US Virgin Islands, Venezuela, Western Sahara, Yemen, Zambia, Zimbabwe.
8.1 Price for the certain product displayed on Wyrel Website is usually mentioned on the same page as the product near/or and on the product image. Prices can be denominated in different currencies depending on which one you choose on the top of Wyrel website page.
8.2 The Prices will be stated exclusive of VAT, or GST (where applicable).
8.3 Payment methods available shall be presented to you once you have placed your order. Most of the payment methods are presented as credit card payments. All payments cards need to be authorized by the relevant card issuer or payment processing provider. We may update our list of payment methods from time to time and you can familiarize with them once you have entered the payment page.
8.4 You are solely responsible for keeping your own payment data secure (like credit card numbers, expiration dates, CVV codes etc.) Wyrel takes all measures to keep your payment secure via protected payment gateways and safeguarded internet connections.
8.5 Our payment method may charge you for a certain amount of commission to send your payment to us.
8.6 Payments can be made only by individuals who reached 18 years or legal age prescribed by law of their country allowing such individuals to fully enter such transactions. It is restricted for the individuals who have not reached their legal age to utilize the payment methods of individuals who reached their legal age and such transactions shall be canceled (e.g. when minors use their parent’s credit cards/bank accounts to purchase digital products).
9.1 Wyrel shall provide the services stated in this Agreement to the User in due quality and within the limits of its technical possibilities.
9.2 Wyrel reserves the right at its sole discretion to unilaterally terminate this Agreement and stop provision of Services hereunder to the User.
10.1 The User must comply with all applicable laws and regulations of the Republic of Estonia, laws and regulations of User’s country of domicile as well as international laws that may apply to their activity.
11.1 Wyrel grants the User a revocable, non-exclusive, non-transferable license to use Wyrel’s software as a Shop, including all updates, upgrades, new versions.
11.2 If the User does not comply with the requirements provided by Wyrel, then the User will be liable for all resulting damages suffered by the User, Wyrel.
11.3 Unless otherwise provided by applicable law, the User consents not to alter, reproduce, adapt, distribute, display, publish, reverse, engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Shop software. Upon expiration or termination of this Agreement, the User will immediately cease all use of this Shop.
12.1 Wyrel hereby grants the User a revocable, non-exclusive, non-transferable license to use Wyrel’s trademarks (whether registered or not) used to identify Wyrel shop services solely in conjunction with the use of Wyrel shop services, if necessary.
12.2 The User consents that it will not at any time during or after this Agreement claim any rights in or do anything that may adversely affect the validity of any trademark or any other trademark, trade name or product designation belonging to or licensed to Wyrel, including, without limitation registering or attempting to register any trademark or any such other trademark, trade name or product designation.
13.1 Other than the express licenses granted by this Agreement, Wyrel does not grant any kind of right or license of Wyrel shop provision or any Intellectual Property (IP) rights of Wyrel.
14.1 The User agrees to indemnify, defend, and hold harmless Wyrel, its affiliates, officers, directors, agents, employees and contractors from and against any lawsuit, claim, liability, loss, penalty or other expense (including attorneys’ fees and cost of defense) they may suffer or incur as a result of:
- The User's breach of this Agreement or any other agreement the User enters into with Wyrel.
- The User's use of Wyrel shop services; and/or
- The User's violation of any applicable law and regulation, or any other requirements.
14.2 The User shall also pay Wyrel for any related expenses incurred by Wyrel, including reasonable attorney's fees, in its collection of any amounts due from the User.
15.1 Wyrel shall not be held liable to the User for any consequential, indirect, incidental, reliance, or exemplary damages arising out of or relating to this Agreement, whether foreseeable or unforeseeable, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action, including but not limited to, damages for loss of data, goodwill, profits, investments, use of money, or use of facilities; interruption in use or availability of data; stoppage of other work or or impairment of other assets; or labour claims, even if Wyrel has been advised of the possibility of such damages.
16.1 These Terms and other relationships between the Parties are governed by the law Republic of Estonia without regard to principles of any conflict of laws.
16.2 All claims or disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations.
16.3 The User agrees that for the purposes of the settlement of disputes between the Parties, an e-mail correspondence with the authorized persons of the Wyrel shall be the effective and binding method of communication.
16.4 If the Parties cannot agree on the subject of the dispute within thirty (30) days, the dispute shall be submitted to the competent court in accordance with the applicable law of Republic of Estonia.
17.1 These Terms shall be in effect from the date of accepting these Terms and until either Party terminates them by a written notice by email or postal mail. The User may terminate these Terms and Wyrel Account at any time upon written notice at least 10 (ten) Business days before termination. Wyrel may terminate these Terms at any time for any reason.
17.2 Wyrel may terminate this Agreement or suspend Services to the User if any of the following occurs:
- Wyrel is required by an order from a regulatory body to cease providing services to the User;
- Wyrel believes that the User has breached this Agreement, or is likely to do so;
- If Wyrel determines that the User's use of Wyrel shop Services carries an unacceptable amount of risk.
17.3 After termination by either party, the User shall no longer have an access to, and shall cease all use of Wyrel shop.
17.4 Any termination of this Agreement does not relieve the User of any obligations to pay any fees, costs, penalties or any other amounts owed by the User to Wyrel as provided under this Agreement, whether accrued prior to or after termination.
17.5 Upon termination of these Terms, any outstanding and unpaid fees and charges of the User to Wyrel shall become immediately due and payable.
17.6 Upon Termination of these Terms, the provisions of the Parties’ obligations under this Agreement shall survive such Termination.
18.1 Wyrel and its functionality including all scripts, annexes, content, and design are provided for the Users on “as is” and “as available” basis, without any warranty whatsoever. The Administration shall not be obliged to extend the Wyrel’s functionality or to change Wyrel otherwise. The Administration shall not be obliged to ensure the operation of Wyrel on all program platforms, for all devices or under certain specific conditions. Wyrel disclaims all warranties whether express, implied, to the User regarding any matter whatsoever, including all implied warranties of merchantability fitness for a particular purpose and non-infringement of the third party rights. No verbal or written information or advice given by Wyrel or its employees or representatives shall create a warranty or in any way increase the scope of Wyrel’s obligations.
18.2 The User acknowledges that the Wyrel Shop services are a computer network based services, which may be subject to outages and delay occurrences. As such, Wyrel does not guarantee continuous or uninterrupted access to Wyrel Shop services.
18.3 The User further acknowledges that access to Wyrel website or its Shop services may be restricted for maintenance.
18.4 Wyrel will make reasonable efforts to ensure that an access to the Shop is provided in a timely manner. However, Wyrel will not be held liable for any interruption, outage, or failure to provide its Services.
18.5 The Administration shall be entitled to change the design of Wyrel, its functionality, the used technical solutions, scripts, software, and other elements both visible and invisible to the User at any time unilaterally without giving the User a prior notice.
18.6 The User agrees that it shall use Wyrel at their own discretion. The Administration shall not warrant that the operation of Wyrel will be uninterrupted, free from immaterial or critical errors, failures, or other defects.
18.7 The Administration shall take adequate efforts for maintaining the appropriate operational condition of Wyrel Shop.
18.8 If the User is unsatisfied with the conditions and/or quality of Wyrel or its functionality, they shall discontinue using Wyrel.
18.9 The User agrees that the Administration shall not incur liability for any losses (direct, indirect or accidental) or other property and non-property losses of the User or third parties resulting from a failure in the operation of Wyrel, the use or impossibility of the use thereof, loss of the information (including files) being important to the User, due to technical reasons and as a result of the acts or omission of other Users. Where and if some states in USA do not permit limitation of incidental or consequential losses, such limitation may not apply to the User.
18.10 If the User loses access to his/her Account as a result of his/her (i) violation of these Terms, (ii) negligence concerning the cybersecurity and any other necessary measures, including precautionary and preventive measures, that resulted in theft of the User’s Account, (iii) any other action (act or omission), the Administration shall not be liable under these Terms. The User represents and warrants that he/she will be solely responsible for these losses and will not make any claims to the Administration connected to such losses.
19.1 These Terms shall be valid till terminated by either Party.
19.2 These Terms shall supersede any other arrangements between the Parties as well as all prior versions thereof.
19.3 The User shall not assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of Wyrel.
19.4 Should any provision of these Terms (a clause or a statement within a clause) be void, unenforceable or legally invalid otherwise, it shall not affect any other provision hereof, or these Terms as a whole.
19.5 Failure by The Administration to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term of this Agreement.
19.6 The Administration shall be entitled to make amendments or additions to these Terms unilaterally at any time without any special notice by placing a new version hereof on the website. The new version of the Terms shall come into force at the moment it is placed on the website, unless otherwise provided by the new version thereof.
19.7 The User is responsible to regularly monitor the Wyrel website or User’s Account on the Wyrel dashboard for notice of changes to the Wyrel Services.
19.8 It is agreed by the Parties that either Party shall not be liable for any failure, hindrance or delay in performing its obligations under the Agreement where such failure, hindrance or delay arises directly or indirectly from circumstances beyond its reasonable control, provided that the Party promptly notifies the other Party giving full particulars of the circumstances in question. For the purposes of this Agreement "Force Majeure" means any cause beyond the reasonable control of the parties including, without limitation, any of the following:
- any events outside of parties control;
- war, insurrection, riot, civil disturbance, acts or attempted acts of terrorism;
- fire, explosion, flood, storm;
- theft or malicious damage;
- strike, lock-out, or other industrial dispute (whether involving the workforce of the party so
- prevented or any other party), third party injunction;
- national defense requirements, acts or regulations of national or local governments; or
- inability to obtain essential power, raw materials, labor, malfunction of machinery or apparatus.
19.9 The following notifications sent by email must be immediately confirmed by the sender, by a registered mail or by delivering to the other Party against signature:
- Complaints regarding fulfillment of the Agreement;
- Claims for damages or payment of contractual penalties;
- Notices regarding the termination of the Agreement.
19.10 Any additional enquiries can be sent to the Administration by support@wyrel.com.