Terms of
Services
Effective as of 8 August 2023
1 Introduction
1.1 where iz AB, reg. no 559130-5940 (“WERZ”) provides a range of features designed to help users communicate with each other and with so called communities. By installing or using our apps or using our products, services, campaigns or website (collectively known as our "Services") you are agreeing to our terms of service (the “Terms”). For age restrictions see paragraph 14 below.
1.2 The Terms govern the use of Services and constitute the entire agreement between users of the Services (the “Users”) and WERZ and apply to all users and communities and their admins (the “Communities” or a “Community”). The Terms are a legally binding agreement between Users, Communities and WERZ and outline Users’ each parties’ rights and responsibilities while using the Services.
1.3 One of the most important Services WERZ provide is an online community platform that offers a number of different tools that brings the members and Communities together and increases their engagement, all under relevant Communities’ own brand.
1.4 To create an account, you must register for the Services by using your phone number, your full name and a username (handle). You agree to receive SMS text messages and/or phone calls containing verification codes to register for the Services or access your account.
1.5 Please read our privacy policy (the “Privacy Policy”) at https://werz.at/privacy to understand how we treat and safeguard the information you provide when using the Services. For the purpose of operating and using the Services, you agree to our data practices as described in our Privacy Policy.
From time to time WERZ may provide users with services not described in the Terms. The Terms still apply to such services, unless there’s a separate and signed contract that explicitly states otherwise.
2.1 Scope
The Services offered by WERZ comprises, among other things:
· displaying and listing events as submitted by the Communities;
· accepting and processing online orders for tickets to event or other offerings such as physical and digital products or other related services;
· providing Users with a confirmation number for their transaction (including for tickets);
· assisting Communities in marketing and communicating with their members;
· assisting Users and Communities to engage with each other through forums, comment features, chat messages and other features; and
· providing tools and platform for Communities to create, manage, sell ticket to, promote and host their events and to provide other related services.
Complete descriptions of Services (including other services) can be found on the relevant WERZ sites.
2.2 Responsibility of Communities for events
The Communities are solely responsible for making sure that the interface where events are published, and the events itself, comply with all applicable laws and that any products and services offered are delivered according to their description.
WERZ collects payments made by Users via third-party payment service providers and passes such payments through to the Communities.
2.3 Processing of orders
Orders will be processed after verification of User billing information. The User will receive an email confirmation of a successfully processed order shortly after the transaction is completed.
If the User does not receive an email confirmation or experiences an error message or service interruption after submitting payment information, it is the User’s responsibility to confirm with WERZ whether or not the order has been properly processed by contacting our customer support by using the address ok@werz.at or through the in-platform contact features.
Users hereby authorise WERZ to charge or debit their payment card or other account for the face value of any purchase as well as any fees or charges (such as taxes) that may be due in connection with any transactions requested through WERZ.
2.4 Delivery
Services and products purchased through WERZ can represent goods, tokens, services, or traditional tickets. Tickets will always be distributed in electronic format to the email a User enters in connection with the purchase or within the platform.
WERZ will send a receipt to the User’s registered email immediately after purchase. If a User has not received a confirmation one hour after purchase, the User will need to contact WERZ support by using the address ok@werz.at.
If a User does not inform WERZ of the non-receipt of tickets within a reasonable time (and at least 72 hours before the event), we will have no liability to the User.
3 Privacy
3.1 User information
Information provided to WERZ by Users or collected by WERZ from Users is governed by the Privacy Policy.
3.2 Community responsibility
Communities agree to comply with all applicable laws regarding data protection and collection of information, as well as any related policies posted on the Services and inform any third-party retained by them to adhere to the Privacy Policy and data protection legislations.
4 Using the Services
4.1 General
By accessing or using the Services, you thereby agree that you have read, understood and agree or consent to be bound by the Terms and our Privacy Policy. You are not authorized or allowed to use or access the Services, if you do not agree or consent to being bound by any of the terms and conditions contained in the Terms or our Privacy Policy.
If we disable your account for a violation of the Terms, you will not be allowed to create another account without our prior written permission. WERZ reserves the right, without notice and in its sole discretion, to terminate your license (for license to use, see paragraph 5.2) to use the Services at any time and to block or prevent your future access to, and use of, the Services, for any or no reason. WERZ and Communities has the right to remove content at any time, without prior notice and at its sole discretion e.g. on the basis of reporting from other Users.
In order to enable new features and enhanced functionality, you consent to downloading and installing updates to the Services.
4.2 User conduct
As a specific condition for your use of any of the Services, you explicitly agree not to (a) use any of the Services for any purpose that is unlawful or prohibited by the Terms; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (e) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (f) attempt to gain unauthorized access to WERZ computer systems or networks connected to WERZ, through hacking, password mining or any other means; (g) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (h) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (i) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access; (j) introduce any malicious or technologically harmful material into the Services; (k) develop or use any third-party applications that interact with the Services without our prior written consent, including any scripts designed to scrape or extract data from the Services; and (l) express or imply that any statements you make are endorsed (m) run any form of auto-responder or “spam” on the Services (n) access or use the Services to post materials that encourage discrimination, racism, sexism or violence against individuals or groups or (o) use the Services for any illegal or unauthorized purpose or engage in, encourage or promote any activity that violates the Terms.
WERZ has the sole right to decide whether you are in violation of any of the restrictions set forth above and can thus at any time, without prior notice, remove, block or edit your account. Consequently, WERZ reserve its right to change your username in the event that your username is offending or impersonating someone else or for any other reason reasonably considered being in violation of the Terms or the business practice of WERZ.
Only you will be responsible for your using of the Services. WERZ expect you to comply with all laws and regulations when using the Services.
You hereby agree that you will not share your account or password with anyone. You must protect the security of your account and your password.
You are responsible for any activity associated with your account.
4.3 Keeping your account secure
If you lose your phone or change your phone number, please email ok@werz.at to change the phone number linked to your account and re-register for the Services. When you register with a new device, your old device will stop receiving SMS messages and calls relating to the Services.
4.4 Stop using the Services
If you wish to delete your account, you may do so by visiting your user settings or by contacting us by using the address ok@werz.at. Account termination may result in destruction of any content associated with your account, so keep that in mind before you decide to terminate your account.
4.5 No access to emergency services
The Services do not provide access to emergency service providers like the police, fire department, hospitals, or other public safety organizations. Make sure you can contact emergency service providers through a mobile telephone, fixed-line telephone, or other service.
4.6 Third-party services
The Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services made available by third parties and Communities. When you access, use, or interact with such providers, their terms of service and privacy policies govern your use of those services. The Services may contain links to or from third-party or Communities websites. WERZ has no control over the content or privacy policies of third-party or Communities websites to which you may link to from the Services or their advertisers. WERZ is not responsible for any third party or Communities’ failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each service that you visit or use prior to submitting any personal information. Links to third-party websites do not imply endorsement by WERZ of the websites.
4.7 Availability of the Services
The Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of the Services, including certain features and the support for certain devices and platforms, at any time.
5 Rights, restrictions and licenses
5.1 Your rights
You must have the rights to the phone number you use to sign up for your account on the Services. In order to display your information from the Services, and to allow other Users to enjoy them (where applicable), you hereby grant WERZ a royalty-free, perpetual, sub-licensable, irrevocable, and worldwide license to modify (for technical purposes; for example, making sure your profile and messages are viewable on an iPhone, Android, and a computer), publish, distribute, display and otherwise use your information, in each case to enable us to operate the Services.
You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Services in accordance with the Terms. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Services. Further, you may not reproduce any part of the Services and any such violation with respect to the Services will terminate the license(s) granted herein.
You also may not, without the permission of WERZ, “mirror” any of the materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.
WERZ has the right but not the obligation to monitor and edit or remove any activity or content. WERZ takes no responsibility and assumes no liability for any content posted by you or any third party.
5.3 Communities
Once you enter Communities through WERZ, you need to follow the rules and guidelines of the relevant Communities. The Communities have the right to edit or remove any activity or content and remove or block your account from accessing that Community without providing a full explanation. If the User wishes to know the reason for such action, please get in touch with the relevant Community.
5.4 Copyrights & intellectual property
Users agree that all site content (including content on Communities) may be protected by copyrights, trademarks, or other intellectual property laws. WERZ may own the site content or portions of the site content may be made available to WERZ through arrangements with third parties. Site content included in or made available through the Services is the exclusive property of WERZ and is protected by copyright laws. Users agree to use the site content only for purposes permitted by the Terms and any applicable laws. Any rights not expressly granted herein are reserved.
Where Communities upload or share site content they must satisfy themselves that they have the rights required to do so and that Communities do not infringe or violate anyone else’s copyright and/or intellectual property. WERZ will not accept any liability arisen from a violation by Communities of copyrights and/or intellectual property rights.
Audio, video and other content from WERZ not explicitly indicated as downloadable may not be downloaded or copied from the Services. Users may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Services. If Users make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided, you may violate copyright and other laws and may be subject to liability for such unauthorized use.
5.5 Trademarks
The trademarks, service marks, phrases, logos, icons, illustrations and graphic designs of WERZ used in connection with the Services are registered and unregistered trademarks or service marks of WERZ. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties. Users do not have license or right to use any displayed trademark without prior written consent of WERZ.
The trademarks may not be used to disparage WERZ or any third party or in a manner that may damage any goodwill in the trademarks. Use of any trademarks as part of a link to or from any site is prohibited without WERZ‘ prior written consent.
All goodwill generated from the use of any WERZ trademark will inure to WERZ‘ benefit. A number of issued and pending patents apply to the Services. Site content may also be protected by copyrights owned by WERZ and/or third parties. Users that copy portions of the Services are in violation of these patent rights and copyrights.
6 Communities’ Obligations
If you are a Community, you represent and warrant to us that:
· you and your affiliates will obtain, prior to the start of any sales, all applicable licenses, permits, and authorisations ("Licensure") with respect to the sales of that product or service;
· you and your affiliates will comply and ensure that the venues for each of your events will comply with all applicable laws;
· you hereby agree to release WERZ, its representatives, and partner companies from all damages arising out of or in any way connected with your or your affiliates' Licensure or any failure to obtain or maintain any Licensure;
· upon reasonable request of WERZ, you agree to provide evidence of relevant Licensure and related information prior to offering any products or services;
· you hereby agree to procure that any third-party engaged by you for the purpose of the Services to adhere to the Terms; and
· you hereby agree not to copy or download, or take any other action to similar effect, User information that is visible or accessible via the interfaces to which you have access on the Services.
7 Copyright takedown notices
If you are a copyright owner or represent a copyright owner and you believe that any content on the sites infringes your copyrights, you may submit a notice to ok@werz.at.
8 Commercial use
The site content is not for commercial use by the Users. Users have no right to and agree not to use any site content for their own commercial purposes or to use any means to extract data from the site(s).
9 Sales & refunds
9.1 Sales by WERZ
It is free for Users to create an account or access the Services. However, purchase of tickets or other products and services, which will be made directly from WERZ, may carry a cost. The cost of ticket or other products and services are determined by the seller(s) (e.g. the Communities or, as the case may be, WERZ).
In connection with purchases, Users may be charged fees including taxes, insurance, etc. Therefore, the total amount paid by Users may be different from the fees charged by WERZ to the applicable Community or the standard fees described on the Services to Communities.
WERZ does not control or have information about fees charged by an individual User’s bank or credit card company. Users must check with their bank or credit card company in order to understand all applicable fees, surcharges, and currency conversion rates prior to transacting on WERZ.
9.2 Transfer of tickets or other products and services
If you wish to transfer tickets to an event or other products or services that you have purchased through WERZ, please use the in-platform services for that. WERZ is under no circumstances responsible for payments processes and transactions done for any such transfer of funds outside of the Services.
9.3 Refunds
9.3.1 All ticket transactions, or other relevant products and services from the Communities, are between a Community and respective Users. Therefore, Users must contact the applicable Community with any refund requests.
9.3.2 Users that receive a refund must discard any previously delivered ticket(s) and not use it to attend events for which the ticket is issued. Violating this constitutes fraud. Communities are expected to follow all applicable procedures to verify the validity of tickets. WERZ will not be held liable for any costs arising from a failure by Communities to check validity of tickets or for any costs and damages arising from fraud or purchase of tickets via non-official means.
9.3.3 Before purchasing tickets, or other products and services, it is the User’s responsibility to carefully review all aspects and terms and conditions related to such ticket or other products and service.. WERZ will not issue any refunds for any lost, stolen, destroyed, or damaged tickets or other products and services unless explicitly described in the Terms.
9.3.4 Even if a refund is issued by Communities, WERZ fees will be deducted from the refund amount, regardless of whether the fee is included or excluded from the price.
9.3.5 Should an event be cancelled, the Community organising the event will inform the User of such cancellation and, in case of refund, the User will receive the ticket price minus the fees.
9.3.6 Notwithstanding anything to the contrary in the Terms, any and all claims for refunds become obsolete three (3) years from the time where such claim arose.
10 Revision Date, Modifications
The Terms are effective and were last updated as of the revision date at the beginning of the Terms. At any time, WERZ may revise the Terms at our sole discretion. If we make changes, we will post the revised Terms, and update the revision date above. We may, but are not required to, notify you by sending an email notification to the address associated with your account or providing notice through the Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Our Terms cover the entire agreement between you and WERZ regarding the Services. If you do not agree with our Terms, you should stop using the Services.
11 Termination
11.1 Duration
The Terms are effective and remain in effect until terminated. When this agreement is terminated by either by WERZ or User(s) or otherwise, the Terms will generally no longer apply. However, certain provisions will at all times remain applicable to both Users and WERZ (see further below in paragraph 11.4)
11.2 Termination by WERZ
WERZ may at any time terminate a User’s right to use the Services if the User has violated the Terms, misused or abused the Services or, if permitting the use of the Services would violate any applicable laws or expose WERZ to liability.
WERZ may at any time cease to offer the Services, in full or in part, but will use reasonable efforts to give Users notice of such termination. Users agree that WERZ is not liable to them or third parties for any loss caused by termination of access to the Services.
11.3 Termination by Users
Unless otherwise stated in a separate agreement, a User may terminate access to the Services and applicability of the Terms by deleting his or her account.
Users without a registered account may at any point terminate the Terms by ceasing to use the Services. As long as Users continue to access the Services, the Terms will be enforceable and remain in effect.
Any provisions that by their nature should survive termination of the Terms will do so.
12 Disclaimer
12.1 Warranty disclaimers
You use the Services at your own risk and subject to the following disclaimers.
12.1.1 We provide the Services on an “as is” basis without any express or implied warranties or conditions, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code or that the Services will meet a User’s requirements or be uninterrupted, secure, and error-free.
12.1.2 WERZ does not warrant that any information provided by us is accurate, complete, or useful, that the Services will be operational, error-free, secure, or safe, or that the Services will function without disruptions, delays, or imperfections. We do not control, and are not responsible for, controlling how or when our users use the Services. We are not responsible for the actions or information (including content) of our users or other third parties.
12.1.3 You release us, affiliates, directors, officers, employees, partners, and agents (together, “WERZ parties”) from any claim, complaint, cause of action, controversy, or dispute (together, “claim”) and damages, known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third parties.
12.2 Limitation of liability
The WERZ parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or the Services, even if the WERZ parties have been advised of the possibility of such damages. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. Notwithstanding anything to the contrary in the Terms, in such cases, the liability of the WERZ parties will be limited to the fullest extent permitted by applicable law.
12.3 Perception of information and interactions
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
Your interactions with organizations and/or individuals found on or through the Services, 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 such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that WERZ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
12.4 Disputes between Users
If there is a dispute between Users of the Services, or between Users and any third party, you agree that WERZ is under no obligation to become involved.
12.5 Severability
If any term, clause or provision of the Terms is held invalid or unenforceable, then that term, clause or provision will be severable from the Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of the Terms.
13 Linked accounts and third-party sites
Users acknowledge and agree that WERZ does not control and is not responsible for the availability of any external websites or resources that may be linked to by WERZ or other Users.
WERZ is not responsible or liable for any content or other materials on such websites / resources or any damages or losses related to them, even where such websites / resources are connected with WERZ partners or third-party service providers.
You must be at least 13 years of age in the US, or 16 years of age in countries subject to the EU General Data Protection Regulation, unless exempted by individual country exceptions, to use the Services or submit any information to WERZ. If you are between 13 and 18 years of age, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by the Terms and our Privacy Policy. If you are under 13, or 16 where applicable, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under the required minimum age, we will delete that information as quickly as possible. If you believe that a child under the required minimum age may have provided us personal information, please contact us by using the address ok@werz.at.
15 Force majeure
WERZ take the commitment to Users and Communities seriously. However, sometimes things may come up that are outside of WERZ control. Thus, WERZ will not be liable for any failure to perform any of its obligations stated in the Terms if the failure results from a cause beyond WERZ reasonable control, including without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to WERZ’ workforce), restraints or delays affecting carriers, or WERZ’ inability or delay in obtaining supplies of adequate or suitable materials.
16 Company info
where iz AB, reg. no 559130-5940
Krysshammarvägen 8
171 57 Stockholm, Sweden
17 Notices
WERZ may send notices to Users via emails registered in WERZ’ records. WERZ may also provide notices of changes to the Terms or other matters by displaying notices or links to notices on the Services.
Notices to WERZ can be sent to ok@werz.at.
18 Governing law and venue
Any dispute, controversy or claim arising out of or in connection with the Terms, or the breach, termination or invalidity therefor or your access to and use of the Services, shall be governed by and construed in accordance with the laws of Sweden and finally settled by Stockholms tingsrätt in Sweden.