terms of use

Welcome to Woosabi. Before you register for an account with Woosabi, Ltd at Woosabi.com (collectively, “Woosabi”), you must carefully read, and agree to be bound by the following terms and conditions, including any future amendments (collectively, the “Terms of Use”).


Description of Service

  1. Woosabi is a web-based application for the management of sole and team based businesses, contact relationships and related activities. You accept that by using the Woosabi Service (all online software, technology, products, features, resources, data and offline solutions made available to you on a paid and or free trial Woosabi account - collectively, the "Service") you agree to be bound by these Terms of Use, governing your use of the Service. If you do not agree with these terms and conditions, you MAY NOT use the Service.

Service Registration

  1. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you MAY NOT use the Service.

Service User Obligations

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the account signup process.
  4. Your login may only be used by one person (see clause 7) - a single login shared by multiple people is not permitted. You may create separate User (defined as a person who has the authority or has been given the authority, to use specific login details pertinent to that person) logins for as many people as provided by the Service paid for and used by you.
  5. You are responsible for maintaining the security of your account and password. Woosabi cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all Content (defined as Images, text, phrases, names (proper and improper), figures, numbers and any other data) posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. You are responsible for all Conduct (defined as activity occurring under your User accounts and shall abide by all applicable local, regional, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical and or personal data) of you and your Users of the Service.
  8. You shall:

    1. notify security@woosabi.com immediately of any unauthorised use of any password or account or any other known or suspected breach of security;
    2. report to Woosabi, immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and
    3. not impersonate another Service user or provide false identity information to gain access to or use the service.
  9. You agree to the acceptance of placing carefully positioned contextual advertising by Woosabi.

Payment and Refund Terms

  1. A valid credit/debit card may be required for Woosabi accounts. All payments are securely processed by HSBC Merchant Services on behalf of Woosabi.
  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
  3. Service price is exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
  4. Prices of the Service are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Woosabi Web Site (http://www.woosabi.com/pricing) and information shared within the Service itself.
  5. Woosabi reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  6. Woosabi shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  7. Unless Woosabi in its discretion, determines otherwise, users will be billed in UK Pounds and Trading Terms are subject to UK Trading Standards and Legislation.

Cancellation and Termination

  1. You and or other account administrator(s) are responsible for cancelling your account. An email or phone request to cancel your account is not considered cancellation. Account administrator(s) must cancel the account by accessing ‘Settings’ from within their account, and selecting the ‘My Account & Payment’ menu.
  2. Any non-payment or non adherence to the stated terms will be deemed as a cancellation of your account by you – this cancellation will identify you as a lapsed-user.
  3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
  4. After a period of account inactivity, whereby a user fails to login to an account for a period of six months, Woosabi in its discretion reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the account name associated with that account may be given to another user without notice to you or such other party.
  5. After a reasonable period (defined as any time from cancellation or termination to the last day of availability of your Content from Woosabi) of no more than 10 days after the cancellation or termination, allowing for lapsed users to retrieve and save their data to a non-Woosabi system. After this reasonable period, your content will not be available from Woosabi and All of your Content will be deleted from the Woosabi Servers. Thereafter, this information cannot be recovered.
  6. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  7. Woosabi Ltd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Woosabi service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Woosabi reserves the right to refuse service to anyone for any reason at any time.

Modification of Terms

  1. Woosabi reserves the right to update and change these Terms of Use from time to time without notice. Any new features that are added to augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the service after any such changes shall constitute your consent to such changes. Although we may attempt to notify you when updates are made, you should visit this page periodically to review the terms.

Spamming and Illegal Activities

  1. You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of email. Violation of any of these Terms of Use will result in the termination of your account. In addition, Woosabi reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.

Data Ownership

  1. We respect your right to ownership of content created or stored by you. You retain all intellectual property rights over the Content you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. Unless specifically permitted by you, your use of the Services does not grant Woosabi Ltd the license to own, use, reproduce, adapt, modify, publish or distribute the content created and or submitted by you to the Service in the course of using the Service. Woosabi does not pre-screen Content, but Woosabi and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

User Generated Content

  1. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of your Content, and Woosabi shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store your Content. In the event of cancellation or termination other than by reason of your breach. Woosabi will make available to you, your Content, within a reasonable period (defined in clause 23) after cancellation or termination. Woosabi reserves the right to withhold, remove and/or discard your Content without notice for any breach - excluding non payment which has a limitation of 10 days, without limitation. Upon termination for cause, your right to access or use your Content immediately ceases, and Woosabi shall have no obligation to maintain or forward any Content.

    We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party`s intellectual property or these Terms of Use. Any such breach will give Cause (reason to consider it a breach of the agreement of Terms) to consider immediate termination of the service.

Trademark and Copyright

  1. All design, software and other make up of the Service is the Copyright and Trademark of Woosabi Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the code and or visual design, without Woosabi's prior permission.

Intellectual Property Rights

  1. Woosabi Ltd. alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Woosabi Technology, Data, Programmes and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Woosabi Technology, Data, Programmes or the Intellectual Property Rights owned by Woosabi Ltd. The Woosabi name, URLs, logo, and the product names associated with the Service are trademarks of Woosabi Ltd or third parties, and no right or license is granted to use them.

General Conditions

  1. You understand and agree that your use of the Service is at your sole risk and use is in accordance with the Terms as set out in these Terms of Use. The Service is provided on a ‘as is’ and ‘as available’ basis.
  2. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. You understand and agree that Woosabi is not responsible for any delays, delivery failures, or other damage resulting from such problems.
  3. You may connect to your Woosabi account using any supported Internet browser. You are responsible for obtaining access to the Internet and the equipments necessary to use the service.
  4. Technical support is only provided to paying account holders and is only available via the Woosabi Contact form. Woosabi is not obliged to support other Non Paid for Woosabi Services (such as 30 days Free trial) - such support is at the discretion of Woosabi Ltd.
  5. You understand and agree that Woosabi may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Woosabi, or any other Woosabi Ltd service.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Woosabi Ltd. Any such breach will give Cause (reason to consider it a breach of the agreement of Terms) for Woosabi to immediately terminate the account.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Woosabi Ltd customer, employee, member, agent or officer will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. You must not upload, post, host, or transmit unsolicited email, short message services (SMS) or "spam" messages. Any such breach will give Cause (reason to consider it a breach of the agreement of Terms) for Woosabi to immediately terminate the service.
  11. You must not transmit any worms or viruses or any code of a destructive nature. Any such breach will give Cause (reason to consider it a breach of the agreement of Terms) for Woosabi to immediately terminate the service.
  12. The failure of Woosabi Ltd, to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  13. The Terms constitutes the entire agreement between you and Woosabi Ltd and govern your use of the Service, superseding any prior agreements between you and Woosabi Ltd (including, but not limited to, any prior versions of the Terms of Use).

Disclaimer of Warranties

  1. Woosabi will always maintain its best endeavours to ensure its Service but Woosabi Ltd and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any Content. Woosabi Ltd and its licensors do not represent or warrant that (a) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, Service, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Woosabi Ltd and its licensors.

Limitation of Liability

  1. In no event shall either party's aggregate liability exceed the amounts actually paid by and or due from you in the one month period immediately preceding the event giving rise to such claim. And in no event shall either party and or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any Content obtained from or through the service, any interruption, inaccuracy, error or omission, regardless of cause in the Content, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such.

Third Party Interactions

  1. During use of the Service, you may enter into correspondence with, purchase goods and or Service from, or participate in promotions of advertisers or sponsors showing their goods and or Service through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Woosabi and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Woosabi does not endorse any sites on the Internet that are linked through the Service. Woosabi provides these links to you only as a matter of convenience, and in no event shall Woosabi or its licensors be responsible for any Content, products, or other materials on or available from such sites. Woosabi provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or Service may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or Service.

Indemnification

  1. You expressly agree to indemnify and hold harmless Woosabi Ltd, its subsidiaries, officers, directors, agents, employees, suppliers, and affiliates from and against any and all claims for direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Woosabi has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and Service resulting from any goods, data, information or Service purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or Conduct of any third party on the service; (v) or any other matter relating to the service.

Jurisdiction of Law

  1. You agree that this Terms of Use agreement will be governed and subject to the laws of England and Wales. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in England and Wales, United Kingdom (UK).

End of Terms of Use

If you have any questions or concerns about this Terms of Use, or any issues raised in this Terms of Use, please contact us at legal@woosabi.com


Last revised January 1st, 2009.