Terms and Conditions
WTX Hub provides software and Mobile Applications and other services jointly known as Services. Visitors to the WTX Hub website can also become registered members of the WTX Hub community.
This Terms and Conditions Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or App) or you are a “Member” (which means that you have registered with WTX Hub and set up an Account). The term “User” refers to a Visitor or a Member.
You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.
Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the Website or App or in connection with a Service, the latter shall have precedence with respect to your use of that area of the Website, Apps or Service.
Amendments. WTX Hub may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by WTX Hub on the Website, (2) for existing Users, thirty (30) days after posting by WTX Hub on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after WTX Hub sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.
1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your WTX Hub Account (the “Account”) may be deleted without warning if we believe that you are younger than thirteen (13).
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may delete your Account and end your membership at any time, for any reason by following the instructions on the “My WTX Hub Account” page. WTX HUB MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE IMMEDIATELY AND WITHOUT NOTICE TO YOU.
Even after any termination, Sections 8 through 26 of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your WTX Hub profile information from our live databases as well as any Content that you uploaded to the WTX Hub Website or App using such Account. WTX Hub will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.
3. Fees. You acknowledge that WTX Hub reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by WTX Hub on the Website or in the Apps. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to WTX Hub as set forth on the Website or in the Apps.
4. Conditions of sale.
4.1 Eligibility; Credit Card Terms. To order any products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) ,or other payment approved by WTX Hub, and associated payment information at the time you order products hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. WTX Hub currently does not accept cash or cheques although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before WTX Hub invoices the credit card for all amounts due and payable. By providing WTX Hub with your credit card number and associated payment information, you agree that WTX Hub is authorized to immediately invoice your account for all fees and charges due and payable to WTX Hub as a result of your purchase of any products. You agree to immediately notify WTX Hub of any change in your billing address or the credit card used for payment hereunder. WTX Hub reserves the right, at any time, to change its prices and billing methods for products sold, either immediately upon posting on the Website or in the Apps, or by e-mail delivery to you.
4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes.
WTX Hub may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order products for overseas delivery, you may be subject to import duties and taxes, which are levied when the products arrives at the destination that you specified. Any charges for customs clearance have to be borne by you, as WTX Hub has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.
4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified via WTX Hub’s Order Support. If WTX Hub does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by WTX Hub or its agents.
4.4 Returns. All sales of products are subject to WTX Hub’s then-current return policies, as posted on the Website.
4.5 Gift Cards. You agree to the terms and conditions for gift cards that WTX Hub offers (“Gift Cards”) as may be found here and which are hereby incorporated by reference and may be amended from time to time by WTX Hub in its sole discretion.
5. Order acceptance policy. Your receipt of an electronic or other form of order confirmation does not signify WTX Hub’s acceptance of your order, nor does it constitute confirmation of our offer to sell. WTX Hub reserves the right at any time after receipt of your order to accept or decline your order for any reason. WTX Hub further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by WTX Hub upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order.
6. Title and Risk of Loss. All sales of physical products are made FOB shipping agent. Title and risk of loss to each shipment of physical products shall pass to you upon transfer to the shipping agent, FOB.
7. Password. When you sign up to become a Member, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another Member at any time. You agree to notify WTX Hub immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.
8. WTX Hub Content. The Services contain Content of WTX Hub and its licensors (“WTX Hub Content”). WTX Hub and its licensors (including Users) own and retain all proprietary rights in the WTX Hub Content and the Services. WTX Hub hereby grants you a limited, revocable, non-sublicensable license to reproduce and publicly display the WTX Hub Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the WTX Hub Content.
9. You hereby grant to WTX Hub an irrevocable, perpetual, nonexclusive, fully-paid and royalty-free license (with right to sublicense) to use, create derivative works, reproduce, distribute and publicly display any Content, that you upload, post, email, transmit or otherwise make available on the Website or Apps (“Other Content”). Examples of Other Content include your digital correspondences with WTX Hub via social media, any public information you upload through our Website or App, and public profile information you provide through our Website or Apps. We may use Other Content in our internal and external marketing materials as well as to provide You with better service and support.
10. Your Content and Activity. You are solely responsible for any and all Content that is posted by or through your Account on any Services (including any Content that you may have received by third parties) including any e-mail, and for your interactions with other Users. You agree that WTX Hub retains the right to create limits on WTX Hub’s archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.
11. Prohibited Content.
11.1 YOU MAY NOT INCLUDE “PUBLISHED BY WTX HUB,” “WTX HUB PUBLISHING” OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT WTX HUB IS THE PUBLISHER OF THE CONTENT THAT YOU CREATE USING THE SERVICES. You agree that you will not post, or otherwise provide to the Services, any Prohibited Content. “Prohibited Content” includes Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of WTX Hub; or (xii) otherwise violates this Agreement or creates liability for WTX Hub. WTX HUB RESERVES THE RIGHT TO REFUSE TO POST CONTENT THAT IT DETERMINES IN IT SOLE DISCRETION IS PROHIBITED CONTENT, and you agree to indemnify and hold WTX Hub and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.
11.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person’s permission.
11.3 Member Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
11.4 No Disruption. You will not: (i) cover or obscure the banner advertisements that might be placed on your personal profile page, or any WTX Hub page via HTML/CSS, scripting, or any other means, if any; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.
11.5 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of WTX Hub. You will use the Services in a manner consistent with any and all applicable laws and regulations.
11.6 Enforcement by WTX Hub. WTX Hub has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of WTX Hub violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for WTX Hub, its suppliers, service providers, partner companies, or any User. WTX Hub reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.
12. Copyright Policy. It is WTX Hub’s policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to WTX Hub by the copyright owner or the copyright owner’s legal agent.
13. Third Parties and Other Users.
13.1 Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because WTX Hub does not control such Content, you agree that WTX Hub is not responsible for any such Content, including advertising and information about third party products or services. Because WTX Hub does not have control over such Content, WTX Hub makes no guarantees about the accuracy, currency, suitability, or quality of such Content, and WTX Hub assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
13.2 Responsibility. Your interactions with other Users or third parties, or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, the advertiser, or third party. The foregoing also applies to any interaction between Members (including the contribution and/or receipt of any Content) in the course of using the Services’ functionality.
You agree that WTX Hub will not be responsible for any loss or damage incurred as the result of any such interactions and dealings listed in this section or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), WTX Hub is under no obligation to become involved; however, WTX Hub reserves the right to monitor disputes between you and other Users.
14. Limitation on Liability. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, WTX HUB SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WTX HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WTX HUB’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNTS YOU PAID TO WTX HUB IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE WTX HUB’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF WTX HUB OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. Release. You hereby release WTX Hub, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
16. Indemnity. You agree to defend, indemnify, and hold WTX Hub, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
17. Electronic communications. The communications between you and WTX Hub use electronic means, whether you visit the Website or App or otherwise use the Service or send WTX Hub e-mails, or whether WTX Hub posts notices on the Website or App or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from WTX Hub in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WTX Hub provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
18. Governing Law and Arbitration. This Agreement shall be governed by the laws of England without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and WTX Hub agree to submit to the jurisdiction of, and agree that venue is proper in, the courts located in England in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement may be resolved by mutual consent in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, WTX Hub may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from English law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinance, regulations and statutes that are applicable to your use of the Services and your purchase of products from the WTX Hub Services.
19. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement that would reasonably contradict anything in this section.
20. Notices. WTX Hub may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with WTX Hub, or by written communication sent by first class mail or pre-paid post to your address on record with WTX Hub. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email).
21. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God.”
23. Copyright/Trademark Information. Copyright © 2019, WTX Hub. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Website and Apps or in connection with the Services are the property of WTX Hub or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
24. International Provisions. The following provisions shall apply only if you are located in the countries listed below.
24.1 Germany. Notwithstanding anything contrary in Section 15, WTX Hub is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
25 United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.