Terms and Conditions of Use
Last updated : March 14, 2024
This version has been automatically translated. Find the original version here The website
www.wewardapp.com and the mobile application WeWard are published by WEWARD, a simplified joint-stock company with a share capital of €1,196.03, headquartered at 111 Avenue Victor Hugo, Paris (75016), registered in the Paris Trade and Companies Register under the number 85361417000035 ("
WeWard" or "
we").
These terms and conditions of use ("
T&Cs") set out the terms of access and use of the Site. We invite you to read them carefully. For the purposes of these T&Cs, all capitalized terms have the meaning attributed to them.
Preamble
We have developed the WeWard mobile application ("the Application") to motivate Users to prioritize walking in their daily commutes for health and ecological reasons.
The Application allows for earning points ("Wards") assigned based on the actions or features promoted within the Application. For example, Users can be awarded Wards based on the number of steps taken or during bonus actions within the Application.
Wards enable unlocking rewards displayed within the Application, according to the terms described in Article 7 herein.
Article 1 – Definitions
Application: Refers to the WeWard mobile application, available on iOS and Android.
Ward Balance: Refers to the Ward balance associated with the User Account.
Account or User Account: Refers to the personal space dedicated to the User on the Application, which can be accessed by registering and logging into the Application, after accepting the T&Cs.
Suppliers: Refers to Weward partners offering products for sale on the Weward application.
Products: Refers to all products offered directly for sale by WeWard or bySuppliers on the Application.
Virtual Products: Types of WeWard Products which refer to virtual items, e-vouchers, or privileges on Weward.
Rewards : Refers to the full range of possibilities offered to the User in exchange for the use of Wards, for example gift cards, virtual items, cash prizes, shopping vouchers, discounts on items, support for humanitarian or ecological projects, goods or services available in the Application.
Service(s): Refers to the range of services provided by WeWard through the Website and the Application.
Website: Refers to the internet site
www.wewardapp.com
User: Refers to any natural person registered on the Application, holder of an Account.
Visitor: Refers to any person visiting the Services, but not having the status of a User.
Wards: Refers to the points accumulated for use exclusively within the Application, allowing in particular to unlock the Rewards displayed on the Application.
Article 2 – Registration and Account creation
2.1 - Registration conditions
Registration for the Application is reserved for natural persons over fifteen (15) years of age with internet access. During registration on the Application, the User declares and guarantees to be fifteen (15) years of age or older. We reserve the right to request any document that justifies the identity and age of the person originating the Account.
Registration for the Application is free and does not require any purchase obligation, nor any financial consideration from the User towards WeWard
Upon creating the Account, the User acknowledges having read and accepted the entirety of these general terms and conditions of use.
During registration on the Application, the User also declares to have read our
Personal Data Protection Policy, incorporated by reference into the T&Cs.
2.2 - Account Creation
The use of the Application is free. To create an Account, you must complete the registration form accessible from the Application.
You can also create an Account using a third-party service such as Facebook, Apple, or Google and, where applicable, complete any missing data. In such a case, the User acknowledges authorizing WeWard's use of data transmitted by the third-party service.
For more information regarding the data we collect from you and how we use it, please refer to our
Personal Data Protection Policy. You commit to providing a valid email addressof which you are the owner and you declare and guarantee that the information provided is accurate and complete
Article 3 – Acceptance of the T&Cs
3.1 - Acceptance
When creating the Account, the User is free to check the box "I accept the general terms and conditions of use and certify that I am over 15 years old."
Acceptance in this checkbox format constitutes proof that the User has become aware, via the Application, of our T&Cs and signifies unreserved adherence.
IF YOU DONOT ACCEPT ALL THE TERMS OF THE GENERAL TERMS AND CONDITIONS OF USE AND YOU REFUSE TO BE BOUND BY THEM, PLEASE REFRAIN FROM USING OUR SERVICES AND DELETE YOUR ACCOUNT IF APPLICABLE.
Specific conditions may apply or be added during the use of certain Services in accordance with the terms set out in Article 3.3. These different documents will be incorporated into these T&Cs.
3.2 - Enforceability
These T&Cs come into force on the date of their online publication and are enforceable:
- as soon as they are accepted by the User, during their registration to theApplication for the entire duration of the Services' use; or
- 30 days after their communication to the Users, when new T&Cs replace them;
- on the day of their online publication, in case of simple updates to theT&Cs involving non-substantial elements.
Subject to these periods, the T&Cs online on the Application take precedence over any previous dated version of the T&Cs and cancel and replace any earlier version. The Usermay at any time decide to stop using the Services and delete their Account, but they remain committed to any previous use.
3.3 - Modifications
We reserve the right, at our sole discretion, to adapt or modify these T&Cs at any time and without notice. We may do this for various reasons, including to reflect non-substantial changes or provisions modified by law, due to new features, or changes in business practices.
The User who does not wish to adhere to the modified T&Cs may delete their account and cease using the Services.
Any use of the Application and/or Services after the enforceability period (article3.2) implies acceptance of them.
Article 4 – Conditions of Access to Services
Access to our Services requires having an Account on the Application. The Application can be downloaded for free on Apple's AppStore and Google's Play Store. Access to the Application is free (excluding connection costs and telecommunication fees charged to the User).
Our Services are designed to encourage Users’ athleticefforts and daily actions in a fun and interactive environment. Under no circumstances should our Services be considered or used as a means to generate income or as professional earnings.
Access to our Services is only possible within a strictly personal and private framework. WeWard is not liable for any procedures that may apply to the attainment and/or receipt of Rewards(declarations, taxes, etc.). Consequently, the User is specifically prohibited from using the Application in a professional, commercial context or in the interest of an activity competing with WeWard. Any violation of this provision may result in the closure of the Account.
The User is informed that to benefit from certainServices available within the Application, they are invited to agree to share their geolocation and/or physical activity data through the native sensors of their smartphone or connected devices. Otherwise, the User will not be able to be awarded Wards, especially for those that require calculating the number of steps taken or tracking visits to recommended places. For more information about the data we collect from you and how we use it, please refer to our Personal Data Protection Policy.
We reserve the right, without notice or compensation, to temporarily or permanently close all or part of the Application or remote access to Services for updates, maintenance operations, modifications or changes on operational methods, servers and hours of accessibility, and in the event of anomalies, to make every effort to make the Application accessible and operational.
Article 5 – Users Obligations
The User agrees to use the Application and Services only under the conditions defined herein.
The User specifically undertakes to:
- not use the Application or Services for professional, commercial, or profit-making purposes;
- not transmit to WeWard(especially when creating or updating the Account) false, misleading, deceitful, or fraudulent information;
- not open more than one Account on the Application and not open an Account in the name of a third party; not use another User'sAccount, share an Account with another User, or manage multiple User Accounts;
- not publish referral codes on a review publishing site, for example, the Apple Store, Google Play, or Trustpilot;
- not use the Services for harmful or malicious purposes;
- not infringe on the rights and image of WeWard, especially its intellectual property rights;
- not use the Services to harmWeWard in any general way;
- not use the Services for illegal purposes or those prohibited by these T&Cs.
Any breach of one of these commitments constitutes a serious violation of the User's contractual obligations under these T&Cs.
It is the User's responsibility to ensure that their computer and transmission means are in good working order and up to date in order to benefit from the features of the Services and the Application.
The User is responsible for the preservation, use, and confidentiality of their identifiers and password.
The User agrees to notify WeWard without delay of any communication to third parties or theft or compromise of their password.
The User also acknowledges being solely responsible for complying with all laws, regulations, and obligations applicable to their use of the Application and Services.
Article 6 – Account suspension, Access Limitation, and Termination
We reserve the right to refuse access to all or part of the Service to any User who does not comply with these T&Cs.
We reserve the right to refuse and/or cancel a username/suspend the Account, at our sole discretion, in case of fraud. The User will be informed.
In the event of a breach by the User of theseT&Cs, particularly the obligations detailed in Article 5, or if we have legitimate reasons to believe that it is necessary to protect our security, integrity, that of other users or third parties, or for fraud prevention purposes, we reserve the right to:
- Terminate our contractual relationship with the User immediately and without notice, in accordance with Article 12;
- Limit your access and use of the Application and Services;
- Temporarily suspend yourAccount;
- Permanently close yourAccount.
When necessary, the User will be notified of the implementation of such a measure and may submit observations. These observations must be sent according to the procedures mentioned in Article 14"Contact". WeWard will decide, at its sole discretion, whether to lift the measures or not.
The measures implemented take effect without prejudiceto any damages that may be claimed from the User as compensation for the lossesincurred due to a violation of the T&Cs.
Article 7 – Wards
The most frequently asked questions by our users are regularly answered by our teams and can be found in our
FAQ.
7.1 - Allocation of Wards
Creating an Account automatically enrolls the User in the Wards allocation program. Wards are points that can only be used within theApplication to unlock Rewards. The number of Wards associated with the UserAccount is displayed in the account balance (the "Ward Balance").
Users are awarded Wards by carrying out promoted actions in the Application (validating daily walking, completing quests, participating in contests, surveys, events and/or any feature established for this purpose) including:
- By a physical movement validated and verified (e.g., steps taken);
- When visiting geographic locations referenced on the WeWard Application;
- By completing quests (such as downloading a mobile app, subscribing to a service, etc.);
- By answering surveys;
- By specific actions on a bonus page (if applicable, the modalities will be specified in the Application);
- By a receipt sent to theWeWard Application;
- By purchasing on a partner website after using the corresponding URL link;
- By purchasing on a partner website after installing the extension and refreshing the link;
- By sponsoring a third party who opens a User Account.
The number of Wards awarded based on actions or challenges will be specified in the Application.This number may be subject to daily, weekly, or monthly limits, as well as validation criteria that may involve a certain delay in the allocation ofWards. The number of Wards awarded for an action or challenge may change, and the terms of allocation will be detailed in the Application.
The allocation of Wards through certain features available in the application may be subject to chance without any purchase or financial sacrifice required (promotional lottery). In case of a win, the corresponding number of Wards will be credited to the Ward Balance. The features concerned and the conditions applicable to these lotteries will be detailed in the Application.
The allocation of Wards through certain features available in the Application may require the purchase of goods or services provided by a third party on one of WeWard's partner sites. The number of Wards awarded in this way, the terms of allocation and verification will be specified in the Application. The number of Wards may vary depending on the Users or the products or services purchased and may change over time. If applicable, theWards will be credited to the Ward Balance, and thus usable when the partner site has informed WeWard of the completion of the promoted action (visit, purchase, subscription, participation in events, etc.) The User is informed that the number of Wards that have been allocated may subsequently be removed from the Ward Balance for various reasons such as:
- After making a purchase, the User has returned all or part of the products involved in the purchase;
- To access the partner site, the User employed one or more computer systems not connected to WeWard Services;
- The products purchased or services subscribed to are not eligible for the operation.
Users may be awarded Wards by sponsoring other users' registration in the Application's referral program. The terms and conditions of the referral and the maximum amount ofWards to be awarded in the referral program may change; the terms will be detailed in the Application. We reserve the right to end the referral program as well as the right to deactivate a referral code, particularly in the case where it appears on a review site.
We reserve the right and absolute discretion to determine and change from time to time the physical movements eligible for Wards, the movement verification algorithms, and the amount of verified movements Users must perform to be awarded Wards using the Application. For example, we may change the step verification algorithm and the number of steps required to generate Wards.
The User is informed and acknowledges that the collection and sending of data from mobile devices or reported by partners in the context of purchases, quests, or surveys, and in general, any transmission of information over communication networks, such as the internet, is subject to technical constraints resulting from technologies beyond WeWard's control. Despite the care taken by WeWard in verifying the data, the inaccuracy or absence of the received data cannot engage WeWard's liability.Thus, WeWard cannot be held liable for any errors, interruptions, lack of availability, or inaccuracy of information. WeWard also reserves the right to modify posthumously the Wards awarded to a User when an error or fraud has been committed.
7.2 - The Ward Balance
The number of Wards associated with the User Account is displayed in the Ward Balance.
The Ward Balance is neither a bank account nor any form of payment instrument or service. It functions as a points program for obtaining Rewards.
The Ward Balance shall not be subject to any cash refunds, exchanges, or any form of monetary value redemption.
Wards must be earned and used in accordance with the rules set forth in these Terms and Conditions of Use (T&C). WeWard holds the final authority to decide whether a feature qualifies for earning Wards.Wards will not be awarded and may be revoked at WeWard's discretion, particularly in cases of suspected fraudulent use of any part of the Services.
We may modify or impose different balance and usage limits for the Ward Balance at any time. In the event of a modification, you will be notified. Continued use of your Account after the effective date(article 3.2 of these T&C) of the modifications shall constitute your acceptance of all such changes. IF YOU DO NOT ACCEPT THESE CHANGES, PLEASE REFRAIN FROM CONTINUING TO USE THE SERVICES. In such cases, WeWard shall not be obligated to refund, exchange, or offer any monetary compensation for the remaining Wards in your Ward Balance.
Any sale and/or exchange of Wards within or outside the Application and/or Services is strictly prohibited.
7.3 - Rewards
Depending on the number of Wards available in the Ward Balance, the User may unlock the Rewards displayed in the Application. Rewards may include, but are not limited to, obtaining virtual items, supporting volunteer missions or humanitarian or ecological projects, participation in temporary operations, receiving vouchers, partner discount codes, discounts on certain items, or cash prizes and/or the provision of a good or service
To obtain a Reward, the User must follow the instructions provided in the "Redeem" section of the Application. The selection and use of Rewards are the sole responsibility of the User. Under no circumstances shall WeWard be held liable for any damage to the User or any third party resulting from the use of Rewards.
The Application allows for obtaining Rewards through operations that require using all or part of the Ward Balance. The nature of the Rewards (virtual item, voucher, partner discount code, cash prize, good, or service) is specified in the Application. Certain options for using the Ward Balance may require using Wards within a limited period and subject to a maximum number of participants and/or quantities displayed in the Application.The access conditions (start date and time, duration, number of admitted participants, quantities, etc.) will be detailed in the Application. Upon successful use of the Ward Balance to obtain the displayed Rewards, the User will be immediately informed of the effective use of the balance as well as the attribution or dispatch of the Reward. Depending on the Reward, participation in some of these operations may be restricted to adults. WeWard reserves the right to verify the User's age.
Cash Prize Rewards. When these Rewards are available, unlocking and obtaining Rewards that consist of a cash prize require providing WeWard with a SEPA zone bank account in the User's name (Bank Account Details-BIC-). The User must verify their identity before being able to receive cash prizes. WeWard therefore reserves the right to perform any checks it deems necessary regarding the User's identity and/or age. WeWard cannot be held responsible if the BIC provided is incorrect, does not match the User's account, or if for any other technical reason, the cash prize is not properly delivered.The User acknowledges and agrees that it is not WeWard's liability to verify the BIC submitted and that any bank fees, particularly those related to receiving the cash prize, will be borne by the User.
Promotional Lotteries. Unlocking certain Rewards available in the Application may be subject to using all or part of the WardBalance and a random element without financial sacrifice. In case of a win, theUser will be informed of the win as well as the attribution of the Reward or the terms of dispatch or delivery of the Reward. Note: Participation in some of these operations and/or the attribution of certain Rewards may be restricted to adults. For more information, please refer to the participation conditions for the said lottery, accessible from the Application or in the concerned distribution support. WeWard reserves the right to verify the age of the User to whom the prize is to be awarded.
Volunteer or Charity Projects. The Application allows for using the Ward Balance in volunteer or charity projects carried out by or with third-party partners (associations, foundations, etc.) The projects presented are selected by WeWard and described within the Application. User participation involves using Wards as part of a collective fund of the association common to Application Users. The amount collected in these collective funds includes all expenses for the project's realization, taking into account management fees for the Association and WeWard. These collective funds display one or more participation thresholds to be reached, allowingUsers to express their support for the project in question. Once the threshold is reached, WeWard will inform Users and proceed with the described actions(for example, funding another partner's project). In the event a third-party partner fails to fulfill its obligations, WeWard reserves the right to undertake other actions than those described (for example, funding another project), without incurring liability.
The unlocked Reward will be awarded as is. Rewards may not be subject to cash refunds, exchanges, any monetary value redemption, or compensation for amounts that may be owed to WeWard.
The User acknowledges that WeWard assumes no liability for the functionalities, products, services, or other benefits offered in the "Redeem" section of the Application that are manufactured or provided by third-party partners. The User acknowledges that the Company does not guarantee the quality, proper functioning, or safety of goods, services, or other benefits offered on the Application. The User acknowledges that WeWard assumes no obligation for returns, exchanges, or refunds related to the Rewards available on the Application.Rewards available on the Application may be changed or removed at any time by WeWard, without justification and without incurring liability.
In case of unavailability and/or withdrawal of aReward previously unlocked by the User, WeWard reserves the right to credit back the Wards spent by the User or replace it with another Reward of equivalent value and characteristics, without incurring liability.
7.4 - Virtual Products
Virtual items: WeWard also offers its Users a game that allows Users to collect virtual items. Information on the game's rules is available here.
Users can obtain virtual items in 3 ways :Achieving a certain number of steps per day;Moving to the GPS point of the virtual item;Purchasing virtual items withWards or in euros. When purchasing virtual items, they are subject to theseGeneral Terms of Sale (GTS).
E-vouchers: Users have the option to purchase vouchers on the Application and thus be awarded Wards for every euro spent. The number of Wards awarded will be specified in the Application for each partner. This number may be subject to daily, weekly, or monthly limits. The number of Wards awarded and the conditions for awarding them are subject to change and will be detailed in the Application.The eligibility conditions for these vouchers(e-commerce site, list of partner stores, list of eligible products) will be specified in the Application.
In the event of the display of an incorrect price, manifestly derisory (nominal price), for whatever reason (computer bug, manual error, technical error.), the order - even if validated by us - may be canceled, and the Wards withdrawn from the user's balance.
Vouchers cannot be exchanged or refunded (in whole orin part) as the usage information is sent by email and received immediately.
7.5 - Account Suspension or Deletion Related to Ward Use
Under all circumstances, Users must exhibit fair behavior in their participation and use of Wards.
Users commit not to intentionally transfer false data to WeWard, such as falsified GPS coordinates, incorrect physical activity, or falsified or non-owned purchase receipts. Users also commit not to engage third parties to generate Wards on their behalf.
Users agree not to attempt to find indirect ways to accumulate Wards, such as:
- Artificially simulating steps (pendulums, software, etc.);
- Artificially simulating geolocation points;
- Issuing computer requests to falsify physical activity or purchase data;
- Sending falsified requests to offerwall partners;
- Falsifying sponsorships. We reserve the right to terminate or modify the Ward program at any time, without compensation, provided that Users are informed.
Article 8 – Intellectual Property
The Application, trademarks, logos, and any other distinctive signs of WeWard and/or its partners, as well as any software used in the provision of the Service, and the contents of theApplication (that is to say, any text, video, photograph, or any other information in any format and of whatever nature appearing on the Application) are the exclusive property of WeWard and/or its partners, and/or third parties and are likely to be protected by copyright, trademark law, patent law, or any other intellectual property right. These T&C do not result in any transfer of property of any nature whatsoever to the User.
It is therefore prohibited to copy, modify, reproduce, distribute, publish, integrate on any medium whatsoever, adapt, transfer or assign, license, sublicense, guarantee, transmit in any other way the elements of the Application or to perform reverse engineering or use any other method to attempt to access the source codes and/or protocols of the Application, without the express authorization ofWeWard or the rights holder. The User undertakes not to use the Application orWebsite in any illegal or incompatible manner with these T&C, or to act fraudulently or maliciously, for example by hacking or inserting malicious code, including viruses, or harmful data, into the Application or Website;
The User undertakes to:
- not infringe on the intellectual property rights of WeWard or third parties with respect to the use of the Application or Website;
- not transmit any defamatory, explicit, offensive, or otherwise reprehensible content on the Application or Website;
-not use the Application orWebsite in a way that could damage, disable, overload, damage or compromise our systems or our security or interfere with other Users;
- not use any technology that interferes in any way with the proper functioning of the Application or Website, including blocking any advertisements or promotions displayed on it.not collect or harvest information or data from the Application or Website for commercial purposes, except by written agreement from WeWard.
If WeWard discovers a violation by the User, WeWard reserves the right to immediately suspend or terminate access to theApplication and delete the corresponding Account. The Website andApplication may contain links to or content from services that are not operated by us and that provide additional content or features. The content of these third-party services is governed by the terms of use and privacy policy of the relevant third-party service providers, under their sole responsibility. WeWard is not responsible for the availability or accuracy of third-party services, or the services, products, or content available from these services. The inclusion of links to third-party services or their use does not constitute an endorsement by WeWard of these services. For more information, we invite you to consult the terms of use and/or the privacy policy of the concerned third-party services
Article 9 – Absence of Medical Advice
The WeWard Application allows to track and verify the quantity and frequency of physical movements of Users, to generate Wards, and to use them to exchange for Rewards. The Services that WeWard provides do not contain, constitute, and should not be interpreted as medical advice or medical opinions. WeWard is not a licensed health professional, does not collect health data, and is not able to provide medical advice. Users should always consult a qualified and licensed health professional before starting or modifying a diet or exercise program. The WeWard Application is not a diagnostic tool or disease prevention tool. The use of the Application does not create a doctor-patient relationship between the User and WeWard
Article 10 – Personal Data
In the context of using the Services, we are required to collect and process certain personal data of the User.
Upon registration,the User acknowledges and agrees to the processing of their personal data byWeWard in accordance with applicable law and the stipulations of our PersonalData Protection Policy. For more information regarding the information we collect from you and how we use it, please consult our
Personal Data Protection PolicyArticle 11 – Liability
11.1 - Use of the Application and the Website
Given the technical computing and telecommunications constraints inherent to the use of the Application and Website, WeWard's liability cannot be engaged in the event of damage caused by a malfunction of one or more of the access steps to the Application and/or Service offered, particularly, but not exclusively, due to the drawbacks inherent in the use of the Internet network, such as service interruption, external intrusion, computer viruses, or malfunction of any kind. Users are invited to report to WeWard without delay any difficulty that they would notice in the use of the Application.
WeWard does not guarantee optimal functioning of the Application if the version used does not correspond to the latest version of the Application on the download platforms (Google Play and Apple Store). WeWard's liability cannot be engaged in case of damage caused by a malfunction on an older version of the Application.If WeWard has legitimate reasons to believe that the security of the Application is compromised or that improper use of the Service is due to unauthorized use of the User's identification data, WeWard may temporarily deactivate the Account to preserve the integrity of the Application and that of the user's account data.
If WeWard has legitimate reasons to believe that the security of the Application is compromised or that improper use of the Service is due to unauthorized use of the User's identification data, WeWard may temporarily deactivate the Account to preserve the integrity of the Application and that of the user's account data.
Users undertake to use the Application according to its purpose and not to undertake any illicit, unfair, dishonest actions or those that could be assimilated to a practice of fraud of any nature, especially with the objective of artificially obtaining a number of Wards superior to those corresponding to physical activities and visits to places carried out.
WeWard's liability cannot be engaged in the event where the non-performance or poor performance ofWeWard's obligations is attributable either to the behavior of the User, to an unpredictable and insurmountable act of a third party to these T&C (notably the sources of the information published by third parties), particularly partners over which WeWard has no control, or due to a force majeure event, as defined by Article 1218 of French the Civil Code. Force majeure includes notably: natural disasters, fires, strikes, outages, shortages, war, power cuts, telecommunication network failures, internet connectivity losses due to public or private operators. Furthermore, WeWard's liability cannot be engaged for any indirect damages resulting from these conditions, including loss of operation, loss of profit, damages, or expenses
Without prejudice to the hypotheses of WeWard's liability exclusion provided for in these T&C,WeWard's liability can only be engaged in compensation for a direct, actual, foreseeable, and certain prejudice suffered by the User, provided that the latter brings proof that WeWard's contractual fault is the direct cause of their prejudice. The User acknowledges and accepts that missed opportunities, operational losses in the accounting sense of the term, productivity losses, contract losses, and/or margin, loss of earnings or Wards as well as the non-realization of expected savings or gains or any harm to reputation cannot give rise to compensation.
In any case and in the event that WeWard's liability is engaged, the compensation due shall not exceed the amount corresponding to the Rewards that would have been awarded to the User through Wards in the three (3) months preceding the incident. To facilitate their exchanges, the User admits that the computer systems and files of WeWard shall constitute evidence between them unless the User provides evidence of at least equivalent value.
As a consequence, the files and computer records stored within the computer systems operated byWeWard or on its behalf under reasonable conditions of security and reliability can be validly used and produced as evidence of the execution of these T&C, and more generally of any event, communication, or relation occurring between the parties in the context of the User's use of the Services. WeWard may validly produce as part of any procedure, for the purpose of proving any act, fact, or omission, the data, files, programs, recordings, or other elements, received, issued, or conserved through the aforementioned computer systems, on all digital or analogical supports, and rely on them, except in case of manifest error.
11.2 - Liability in Connection with Virtual Products
Paragraph 11.1 remains applicable to Virtual Products.
In addition, you acknowledge that you are solely liable for the purchase, research, use, and all consequences related to Virtual Products.Weward commits to do its best and to use all means to ensure easy access toVirtual Objects, but Weward calls on your sense of responsibility when collecting Virtual Products.
If certain Virtual Products were located in potentially dangerous or difficult-to-access places, by using these Virtual Products, you assume full liability for the associated risks, including but not limited to accidents potentially caused by an inappropriate or dangerous location of a Virtual Product.
Weward, its employees, suppliers, service providers, or subcontractors cannot be held liable for any incidents occurring during the purchase, research, or use of these Virtual Products
You agree to defend, indemnify, and hold harmless Weward, its employees, suppliers, service providers, or subcontractors from any liability in case of claims from you or any third party, damages, debts, losses, liabilities, costs, or expenses resulting from the purchase, research, or use of Weward's VirtualProducts.
This release from liability includes any accident caused following the purchase, use, or research of Virtual Products, whether you are on foot, motorized, in a vehicle, and in all types of places, private or public
Article 12 – Contract Duration - Termination
12.1 - Contract Duration
The T&C are subscribed for an indefiniteperiod from their first acceptance by the User under the conditions described in Article 1.
12.2 - Termination or Suspension of Relations by WeWard
WeWard may suspend or delete access to all or part of the Application and Services, in case of non-compliance with these T&C by the User.
In this case, WeWard will notify this suspension and/or deletion of the Account to the User by electronic mail and will summon them to cease this violation.
In the event of a suspension, the User may correct the fault within three (3) days from this notification. After this period, and in the absence of satisfactory action by the User, WeWard may rightfully terminate the contractual relations with theUser, and subject to the damages and interests to which it could claim in compensation for the prejudice resulting for it from this situation.
This termination can occur without notice in the event of a serious violation by the User of their obligations under these T&C. WeWard reserves the right to deactivate the User's Account after a total period of inactivity of the Account equal to or greater than thirty (30) days. However, the User will have the opportunity to reactivate their account, provided they have not exceeded a period of inactivity of more than twenty-four (24) months. This period starts from the date of the User's last connection to the Application.
12.3 - Terminations of Relations by the User
The User has the option to terminate the contractual relationship with WeWard at any time, without costs and without reason. For this, they just need to go to the Application Settings and click on the "Delete my account" option.
Within forty-eight (48)hours following the deletion of the Account, all or part of the User's data maybe erased from WeWard's databases and the User will no longer have access to the Application or the Services. The deletion of this data is subject to the legal obligations of WeWard and its commitments in the Privacy Policy.
In case of the death of the User, and upon production of relevant justifying documents, the Account will be deactivated. Its content may only be transmitted to the beneficiaries by a court decision or under the conditions provided by the current regulations.
Article 13 – Disputes
These Terms of Use and their interpretation aresubject to French law, notwithstanding any applicable conflict of law rules,except for rules of public order to the contrary.
In case of a problem, the User is invited to contact: contact@wewardapp.com
In accordance with Article L. 612 - 1 of the French ConsumerCode, it is proposed to the User to use a mediator free of charge in order to amicably resolve any potential dispute with WeWard. The User is invited to contact WeWard to make their request, so that WeWard can communicate the details of the mediation body and the precise conditions of such recourse to this mediation procedure.
Users may also consult the European dispute resolution platform: https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights
In case of failure or refusal of mediation, any legal action will be brought before the competent jurisdiction in accordance with the provisions of the French Civil Procedure Code
Article 14 – Contact
For any question or information, Users can contactWeWard:
- either by email at the address: contact@wewardapp.com
or by postal mail at the address mentioned in the preamble of these Terms of Use.