Terms of Use

Context & Overview

Introduction & Key details

Please read these Terms of Use (“Terms”) carefully before you (“You”, “Your”) use welcm.ly (the “Website”) and the Welcm application (the “Service”) operated by Welcm Limited (the “Company”, ”us”, “we”, or “our”).

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If you disagree with any part of the terms then You may not access the Service.

Last Updated: 1st May 2018

Purchases

Subscriptions

Welcm’s premium features are available as a monthly or yearly subscription. Payment will be charged to your iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. There is no increase in price when renewing.

There are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. Any unused portion of the free trial period will be forfeited when the user purchases a subscription.

Cancellation & Termination

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Any unused portion of the free trial period will be forfeited when the user purchases a subscription.

You are responsible for properly cancelling Your account. Subscriptions may be managed by the account owner and auto-renewal may be turned off by going to the user’s Account Settings after purchase. There are no other means of cancelling Your account. All of Your Content stored by the Company will be deleted from the Service within one (1) hour upon cancellation. This information cannot be recovered once Your account is cancelled. If You hold a paid subscription to Welcm and You cancel the Service, Your cancellation will take effect immediately and You will not be charged again.

Welcm Limited reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Welcm Limited believes that You have violated these Terms. Welcm Limited will use diligent efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Welcm Limited shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

Hardware Purchases

All hardware enquiries and purchases made via the Website are wholly managed by Rosendahl Conceptkiosk Ltd (the “Hardware Provider”). Any enquiries to, purchases from or information supplied to the Hardware Provider are subject to their policies and terms. Welcm Limited has no control over, and assumes no responsibility for, the content, terms, privacy policies, or practices of  the Hardware Provider. You further acknowledge and agree that Welcm Limited shall not be legally or morally responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the Hardware Provider, its goods or services.

Content

Our Service allows you to make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the appropriateness and accuracy of the Content and ensuring You have permission to use the Content.

Links To Third Parties

Our Service may contain links to third-party websites or services that are not owned or controlled by Welcm Limited.

Welcm Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Welcm Limited shall not be legally or morally responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Legal

Disclaimer of Warranties

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND Welcm Limited EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Welcm Limited DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM Welcm Limited OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Indemnity

You will indemnify and hold harmless Welcm Limited and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Your access to or use of the Service or Content and (ii) Your violation of these Terms.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Welcm Limited BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, Welcm Limited SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED (£100) GBP STERLING. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

Some locations do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE LOCATIONS, Welcm Limited’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW .

Assignment

Welcm Limited may assign or transfer these Terms, in whole or in part, without restriction.

Export Compliance

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of England and Wales for the purpose of resolving any dispute relating to Your access to or use of the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.