Terms of use

Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by Waaux, Inc. (“Waaux”). The Agreement sets out the legally binding terms and conditions for your use of the website at www.waauxmarket.com (the "Site") and all services provided by Waaux on the site. By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies reffered to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers and customers, contributors of content, information and other materials or services on the site.

Waaux Platform Connects Providers and Clients

The Waaux Platform is a web-based communications platform which enables the connection between Clients and Providers. Clients are individuals and/or businesses seeking to obtain services and products from Providers and are therefore clients of Providers, and Providers are individuals and/or businesses seeking to perform services and sell products to the Clients. Clients and Providers together are hereinafter referred to as “Users.” If you pay a service or product from another User, you and such other User form a hire/buy Agreement directly between the two of you as set forth in more detail in Section “Contract between Clients and Providers” below. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF WAAUX. WAAUX DOES NOT PERFORM SERVICE OR SELL PODUCTS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICE OR SELL PODUCTS. USERS HEREBY ACKNOWLEDGE THAT WAAUX DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A PROVIDERS’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR PRODUCT SOLD IN ANY MANNER. The Waaux Platform only enables connections between Users for the fulfillment of services and selling products. Waaux is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services, products, Providers, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Waaux makes no representations about the suitability, reliability, timeliness, or accuracy of the services and products requested and services and products provided by Users identified through the Waaux Platform whether in public, private, or offline interactions.

User Vetting and User Representation and Warranties

User Vetting
In Waaux’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the Waaux Platform, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act. Although Waaux may perform background checks of Users, as outlined above, Company is not required to do so and cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Waaux Platform. When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER WAAUX NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WAAUX PLATFORM AND YOU HEREBY RELEASE WAAUX AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. WAAUX AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WAAUX PLATFORM.
User Representations and Warranties
You represent and warrant that that: you are 21 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You represent and warrant that you have read, understand and are required to agree to and accept be bound by these Terms of Service and, the Privacy Policy in order to access and use the Waaux Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any service or any interaction by or with any User and/or Company in connection with Waaux Platform without the prior written consent of any relevant User. You further represent and warrant that you will fulfill the commitments you make to other Users including paying/receiving payment through the Waaux Platform, communicating clearly and promptly through the chat thread and/or respond to invitations promptly, being present and/or available at the time you agree upon with your Provider or Client as the case may be and only utilizing the third party payment processing system specified or approved by us to make or receive payment for services provided through the Waaux Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. Providers additionally represent and warrant that you will provide timely, high quality services and products to your Clients, you will only offer and provide services or products for which you have the necessary skills and expertise and you will provide the services safely. Providers who request to be identified on the Waaux Platform as a Licensed Provider additionally represent and warrant that they hold all licenses and certification necessary to perform the Tasks for which they are hired, are active and in good standing with the applicable licensing authorities, do not have any outstanding or unresolved disciplinary actions against them by the relevant licensing board, hold the requisite insurance and acknowledge that their insurance shall be primary for all service performed. Providers who are identified on the Waaux Platform as a Suppliers Supplier also acknowledge they will personally perform the service for which they are hired or, with their Client’s permission, will only send other Licensed Provider in their employ who hold the requisite license, are covered by the requisite insurance and are registered as a Provider and identified as a Licensed Provider on the Waaux Platform.

Contract between Clients and Providers

You acknowledge and agree that a contract (the “Hire/Buy Agreement”) is formed when you do the payment Through Waaux Platform to hire or buy a service or product that offer other user. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the Waaux Platform, and any other contractual terms accepted by both the Provider and their Client to the extent such terms do not conflict with the terms in this Agreement including this Section 3 and do not expand Waaux’s obligations or restrict Waaux’s rights under this Agreement. You agree that Waaux is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Waaux and the Provider. Where approved in advance by the Client, the Provider is not obligated to personally perform the Services. Before any services are performed by any assistants, helpers, subcontractors or other personnel (collectively “Assistants”) engaged by the Provider, the Provider shall require any such individuals to become registered Provider on the Waaux Platform. A Provider’s failure to bring an Assistant who is not a registered Provider could lead to removal from the Waaux Platform. The Supplier assumes full and sole responsibility for the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable state and federal income tax withholdings as to the Provider and all persons engaged by the Provider in the performance of the services. Both parties agree to notify Waaux of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding between the parties.

Release

The Waaux Platform is only a venue for connecting Users. Because Waaux is not involved in the actual contact between Users or in the completion of the hirring or selling process, in the event that you have a dispute with one or more Users, you release Waaux and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
WAAUX EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS WAAUX PLATFORM.

Public Areas; Acceptable Use

The Waaux Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the Waaux Platform, you may not share your personal contact information with other Users.
Without limitation, while using the Waaux Platform, you may not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Waaux staff, or use information learned from the Waaux Platform or during the performance of a service or selling a product to otherwise defame, abuse, harass, stalk, threaten, intimidate or mislead, or otherwise violate the legal rights of any other User or Waaux staff outside of the Waaux Platform.
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Waaux Platform.
  • Use the Waaux Platform for any purpose, in violation of local, state, national, or international law.
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
  • Post the same Task repeatedly (“Spamming”). Spamming is strictly prohibited.
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Waaux Platform.
  • Restrict or inhibit any other User from using and enjoying the Public Areas.
  • Imply or state that any statements you make are endorsed by Waaux, without the prior written consent of Waaux.
  • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data- crawl, scrape or index the Waaux Platform in any manner.
  • Hack or interfere with the Waaux Platform, its servers or any connected networks.
  • Adapt, alter, license, sublicense or translate the Waaux Platform for your own personal or commercial use.
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Waaux.
  • Upload content to the Waaux Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
  • Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
  • Use the Waaux Platform to collect usernames and or/email addresses of Users by electronic or other means.
  • Use the Waaux Platform or the Task services in violation of this Agreement.
  • Use the Waaux Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Waaux’s trade secret information for public disclosure or other purposes.
  • Attempt to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of the Waaux Platform, including inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
  • Register under different usernames or identities, after your account has been suspended or terminated or register under multiple usernames or identities.
  • Cause any third party to engage in the restricted activities above

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Waaux will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

Termination and Suspension

Waaux may terminate, limit or suspend your right to use the Waaux Platform in the event that we believe that you have breached this Agreement by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice. If Waaux terminates, limits, or suspends your right to use the Waaux Platform as a Client for a User Breach, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating, limiting, or suspending your account, Company reserves the right to take appropriate legal action. Even after your right to use the Waaux Platform is terminated, limited, or suspended, this Agreement will remain enforceable against you. Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Waaux Platform at its sole discretion. Waaux has the right to restrict anyone from completing registration as a Provider if Waaux believes such person or company may threaten the safety and integrity of the Waaux Platform, or if, in Waaux’s discretion, such restriction is necessary to address any other reasonable business concern. You may terminate this Agreement at any time by ceasing all use of the Waaux Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Account, Password, Security, Texts and Calls

You must register with Waaux and create an account to use the Waaux Platform and have a valid payment method associated with it. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password. You are solely and fully responsible for all activities that occur under your password or account. Waaux has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Waaux immediately. Waaux have products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Waaux Services only with involvement of a parent or guardian. Alcohol listings on Waaux are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. By providing your mobile phone number and using the Waaux Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts (including prerecorded and/or by automatic telephone dialing systems) in order to perform and improve upon the Waaux Platform, facilitate the carrying out of tasks through the Waaux Platform, provide you with information and reminders regarding your registration, orientation, selling process, hiring process, changes and updates, service outages or alterations.

Your Information and Likeness

“Your Information” is defined as any information and materials you provide to Waaux or other users in connection with your registration for and use of the Waaux Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for your Information, and we act merely as a passive conduit for your online distribution and publication of your information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.” You hereby represent and warrant to Waaux that your information (1) will not be false, inaccurate, incomplete or misleading; (2) will not be fraudulent or involve the sale of counterfeit or stolen items; (3) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (4) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti- discrimination or false advertising); (5) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (6) will not be obscene or contain child pornography or be harmful to minors; (7) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (8) will not create liability for Waaux or cause Waaux to lose (in whole or in part) the services of its partners or suppliers. The Waaux Platform hosts User Generated Content relating to reviews and ratings of specific Provider (Feedback). Such Feedback is such User’s opinion and not the opinion of Waaux, has not been verified or approved by Waaux and each Client should undertake their own research to be satisfied that a specific Provider is the right person or business. You agree that Waaux is not liable for any Feedback or other User Generated Content. Waaux encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Waaux does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Waaux do so. You hereby grant Waaux a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Waaux Platform. Each Provider who provides to Waaux any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Waaux Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

  • Use any videotape, film, record or photograph that such Provider provides to Waaux or that Waaux takes of Provider, and use, reproduce, modify, or creative derivatives of such Provider picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in and in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Waaux in connection with the Waaux Platform.
  • Reproduce in all media any recordings of such Provider’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Waaux Platform.
  • Use, and permit to be used, such Provider’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Waaux Platform in any media.
  • Use, and permit to be used, such Provider’s name and identity in connection with the Waaux Platform.
  • Each Provider hereby waives all rights and releases Waaux from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Provider’s identity, likeness or voice in connection with the Waaux Platform.

Each Provider acknowledges that Waaux shall not owe any financial or other remuneration for using the recordings provided hereunder by such Provider, either for initial or subsequent transmission or playback, and further acknowledges that Waaux is not responsible for any expense or liability incurred as a result of such Provider’s recordings or participation in any recordings, including any loss of such recording data.

Links to third-party Websites

The Waaux Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by Waaux of those sites or their content. They are provided as an information service, for reference and convenience only. Waaux does not control any such sites, and is not responsible for their (a) availability or accuracy, or (b) content, advertising, or products or services. The existence of links on the Waaux Platform to such websites (including without limitation external websites that are framed by the Waaux Platform as well as any advertisements displayed in connection therewith) does not mean that Waaux endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Waaux's Terms of Service or Privacy Policy. You access such third-party websites at your own risk. Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Waaux Platform. You hereby agree to hold Waaux harmless from any liability that may result from the use of links that may appear on the Waaux Platform. As part of the functionality of the Waaux Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook, Gmail, Hotmail) (each such account, a “Third Party Account”) by either: providing your Third Party Account login information through the Waaux Platform; or allowing Waaux to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Waaux and/or grant Waaux access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Waaux to pay any fees or making Waaux subject to any usage limitations imposed by such third party service providers. By granting Waaux access to any Third Party Accounts, you understand that Waaux may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Waaux Platform via your account, including without limitation any friend lists, and Waaux may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Waaux Platform. Please note that if a Third Party Account or associated service becomes unavailable or Waaux’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Waaux Platform and your Third Party Accounts at any time. Waaux Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Waaux is not responsible for any SNS Content. You acknowledge and agree that Waaux may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Waaux Platform. At your request made via e-mail to privacy@waaux.com, Waaux will deactivate the connection between the Waaux Platform and your Third Party Account and delete any information stored on Waaux’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

Service/product Classification and Withholdings

AS SET FORTH IN SECTION Waaux Platform Connects Providers and Clients, WAAUX DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. Each User assumes all liability for proper classification of service or product based on applicable legal guidelines. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Waaux. Each User acknowledges that Waaux does not, in any way, supervise, direct, control or monitor a Provider’s service or product in any manner. Waaux does not set a Provider’s work hours or location of work. Waaux will not provide any equipment, labor or materials needed for a particular service or product. Company does not provide any supervision to Users. The Waaux Platform is not an employment service and Waaux is not an employer of any User. As such, Waaux is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of service and product of the Users.

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Waaux Platform is owned by Waaux, excluding User Generated Content that Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Waaux owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Waaux Platform without Waaux's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Waaux and, if applicable, the holder of the rights to the User Generated Content. The service marks and trademarks of Waaux, including without limitation Waaux and Waaux logos are service marks owned by Waaux. Any other trademarks, service marks, logos and/or trade names appearing via the Waaux Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

Payment Gateway

Payment processing services for Suppliers on Waaux Marketplace are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Supplier on Waaux Marketplace, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Waaux Marketplace enabling payment processing services through Stripe, you agree to provide Waaux Marketplace accurate and complete information about you and your business, and you authorize Waaux Marketplace to share it and transaction information related to your use of the payment processing services provided by Stripe.

Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Waaux and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Waaux in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Waaux upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Waaux’s trade secrets, confidential and proprietary information and all other information and data of Waaux that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Waaux’s business, operations and properties, including information about Waaux’s Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Disclaimer of Warranties

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WAUUX PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WAAUX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WAAUX PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE WAAUX PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WAAUX PLATFORM, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WAAUX PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER WAAUX NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WAAUX PLATFORM WILL BE UNINTERRUPTED OR THAT THE WAAUX PLATFORM WILL BE ERROR- FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WAAUX PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WAAUX PLATFORM. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER WAAUX NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WAAUX PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WAAUX AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY USE TO EXPEDITE WAAUX SELECTION, EACH CLIENT IS RESPONSIBLE FOR DETERMINING THE SERVICE OR PRODUCT AND SELECTING THEIR PROVIDER AND WAAUX DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR PROVIDER. COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

No Liability

YOU ACKNOWLEDGE AND AGREE THAT WAAUX IS ONLY WILLING TO PROVIDE THE WAAUX PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD WAAUX, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WAAUX PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY WAAUX OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL WAAUX, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WAAUX PLATFORM OR THE SERVICES AND PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY PRODUCT OR WORK PERFORMED VIA THE WAAUX PLATFORM.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Waaux, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors and assigns, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (1) your use or inability to use the Waaux Platform, or (2) your breach or violation of this Agreement; (3) your violation of any law the rights of any User or third party (4) any content submitted by you or using your account to the Waaux Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Waaux reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Waaux.

Disputes

  1. Informal Negotiations
  2. To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Waaux (each a “Claim” and collectively “Claims”), you and Company agree to first attempt to negotiate any Claim informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Waaux. Company’s address for such notices is Waaux's registered Agent at: Waaux, Inc. 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674. If necessary to preserve a Claim under any applicable statute of limitations, you or Waaux may initiate arbitration while engaging in the informal negotiations.

  3. -Binding Arbitration.
  4. Any dispute or claim relating in any way to your use of any Wauux Service, or to any products or services sold through Waaux platform will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
    There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
    To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer- Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800- 778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
    We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using Waaux platform, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Waaux.

General Provisions

Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Waaux with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (1) to a parent or subsidiary, (2) to an acquirer of assets, or (3) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Waaux, its successors and assigns.

Licensed Professionals

Waaux does not oversee, monitor or supervise the posting, scoping or performance. Accordingly, Clients must determine for themselves whether a Provider is qualified. Clients may wish to consult their state or local requirements to determine whether certain service are required to be performed by a licensed professional.

Changes to this Agreement

Waaux reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Waaux Platform or any content or information through the Waaux Platform at any time, effective with or without prior notice and without any liability to Waaux. Waaux will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Waaux Platform.

Information Received by Waaux

Waaux collects Personal Information (i.e. data that allows someone to identify or contact you such as your name, address, geographic location of your computer or mobile device, telephone number, email address, bank account and other Financial Information) only if you voluntarily choose to share such information with Waaux.

Third-party services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Changes to this privacy policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If Waaux platform is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Questions and contact information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer privacy@waaux.com or by mail at Waaux, Inc.
[Re: Privacy Compliance Officer]
[55 west 1124 north #3, Logan, UT, 84341, United States]

Problems with an Order

All transactions made through Waaux will be subject to be claimed for irregularities.
If the transaction refers to a service, it can be opened a claim in the following cases:

  • Unsatisfactory service
  • The supplier never arrived
  • The supplier didn't finish the job
  • The supplier acted unprofessionally
  • The supplier left early
  • Something is damaged or missing
  • I can't contact my provider
  • The supplier didn't bring supplies
  • The supplier is late
  • More than one supplier arrived

Non-Delivery
A non-delivery occurs when a buyer places an order and submits payment, but the seller does not ship the item or does not ship the item to the correct address. The following are examples of non-delivery cases:

  1. An item was never sent.
  2. An item was not sent to the address provided on Waaux.
  3. There is no proof that the item was shipped to the buyer’s address.

Not as Described
An item is not as described if it is materially different from the seller’s listing description or photos. Here are a few examples of not as described cases:
  1. The item received is a different color, model, version, or size.
  2. The item has a different design or material.
  3. The item was advertised as authentic but is not authentic.
  4. The seller failed to disclose the fact that an item is damaged or is missing parts.
  5. A buyer purchased three items but only received two.
  6. The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used.

Not as described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:
  1. The item(s) were ordered for a specific date or event.
  2. A deadline was agreed upon by the buyer and seller.
  3. The item(s) are rendered useless after that date.

Ineligible Transactions
Some disputes don’t qualify for Waaux’s case system. These include:
  1. Items that have been purchased in person.
  2. Transactions where payment is not made through Waaux Payments procesess.
  3. Items that are returned without a return agreement.
  4. Items that have been altered, used, worn, or washed after receiving them.
  5. Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer.
  6. Items that are received after the agreed-upon delivery date due to shipping delays.
  7. Cost of shipping disputes.

Requesting a Cancellation
Only sellers may cancel transactions. Buyers may request that a seller cancel an order by contacting then.
Returning an Item
Each seller has his or her own return policies. Not all sellers accept returns.

Our guarantee

Our guarantee policy is very simple: if you are not satisfied, we will do the impossible to accommodate you, and remember that your money is guaranteed. Customer SATISFACTION is our ultimate goal.