Terms & Conditions
Last Updated: 23 December 2020
Interpretation and Definitions
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms & Conditions:
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this document) refers to WSKR Limited, registered In Ireland as company number 660068.
- Website refers to the WSKR family of websites, accessible at https://wskr.ie, https://my.wskr.ie, https://business.wskr.ie and https://api.wskr.ie
- Platform refers to the Website and associated functionality and processes provided by the Website.
- WSKR Tokens refer to the digital tokens that can be directly purchased and redeemed via the Platform.
- You refers to the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.
- Content refers to third party content that is accessible via the Platform. This content is not under the ownership of the Company.
- Cookies refers to data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit https://www.allaboutcookies.org.
By visiting our Website and/ or Platform, You agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our Website. By accessing or using any part of the site, You agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or Platform. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions. Any new features or tools which are added to the Platform shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our Website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms & Conditions, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence and You have given us Your consent to allow any of Your minor dependents to use this Website.
You may not use our products for any illegal or unauthorised purpose nor may You, in the use of the Platform, violate any laws in Your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of Your account.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that Your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform or any contact on the Website through which the service is provided, without express written permission by an authorised member of the Company.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at Your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is Your responsibility to monitor changes to our Website.
Modifications to The Platform and Prices
Prices for WSKR Tokens are subject to change without notice.
We reserve the right at any time to modify or discontinue the Platform (or any part or content thereof) without notice at any time.
We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Platform.
Accuracy of Billing and Account Information
We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify You by contacting the e-mail address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.
For more details, please review our Refund Policy.
Certain content, products and services available via our Platform may include materials from third-parties.
Third-party links on this Website may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, You send certain specific submissions (for example contest entries) or without a request from us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that You forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
You agree that Your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Website or in the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Platform or on any related Website is inaccurate at any time without prior notice (including after You have submitted Your order).
We undertake no obligation to update, amend or clarify information in the Platform or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platform or on any related Website, should be taken to indicate that all information in the Platform or on any related Website has been modified or updated.
In addition to other prohibitions as set forth in the Terms & Conditions, You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform or any related Website, other websites, or the Internet. We reserve the right to terminate Your use of the Platform or any related Website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that Your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable.
You agree that from time to time we may remove the Platform for indefinite periods of time or terminate the Platform at any time, without notice to You.
You expressly agree that Your use of, or inability to use, the Platform is at Your sole risk. The Platform and all products and services delivered to You through the Platform are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WSKR Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Platform or any products procured using the Platform, or for any other claim related in any way to Your use of the Platform or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless WSKR Ltd and (where applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms & Conditions or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms & Conditions are effective unless and until terminated by either You or Us. You may terminate these Terms & Conditions at any time by notifying us that You no longer wish to use our Platform, or when You cease using our Website.
If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to our Platforms (or any part thereof).
The failure of Us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by Us on this Website or in respect to The Platform constitutes the entire agreement and understanding between You and Us and govern Your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
These Terms & Conditions and any separate agreements whereby We provide You services shall be governed by and construed in accordance with the laws of Ireland.
Changes to Terms & Conditions
You can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our Website. It is Your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Platform following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
If You have any questions about these terms, please contact Us by one of the following methods: