WALLER GENERAL TERMS AND CONDITIONSWaller.swiss
Welcome to the WALLER Platform!
BEFORE USING OUR WALLER APPLICATION AND/OR SERVICES, PLEASE READ THESE GENERAL TERMS CAREFULLY AND REVIEW THEM PERIODICALLY AND REGULARLY FOR CHANGES.
BY REGISTERING FOR, USING OR ACCESSING THE SERVICES OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS AND AGREE THAT SUCH GENERAL TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THE GENERAL TERMS WITH ALL FURTHER CHANGES, YOU ARE REQUIRED NOT TO MAKE ANY USE OF THE SERVICES.
PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE THE GENERAL TERMS, AT ANY TIME WITHOUT PRIOR NOTICE.
USUALLY, WALLER PROVIDES THE SERVICES SUBJECT TO THE COOPERATION WITH A FINANCIAL INSTITUTION IN EVERY PARTICULAR JURISDICTION WHERE IT RUNS THE PLATFORM SERVICES.
YOU SHALL CHECK WHETHER YOUR COUNTRY AND YOUR RESIDENCE STATUS ARE IN THE LIST OF SUPPORTED JURISDICTIONS BEFORE USING ALL FEATURES OF OUR SERVICES. WE MAY ADD ADDITIONAL JURISDICTIONS FROM TIME TO TIME.
WALLER RESERVES THE RIGHT TO IMPOSE ADDITIONAL REQUIREMENTS OR CONDITIONS BEFORE ACCEPTING THE USERS RESIDING IN OR ORIGINATING FROM SPECIFIC COUNTRIES AT ITS SOLE DISCRETION.
In the General Terms, the following terms shall have the meaning set forth in this section:
“Affiliate” means, with respect to any person, any other person directly or indirectly controlling, controlled by or under common control with such person.
“AML” means Anti-Money Laundering and refers to a set of procedures, laws and regulations designed to stop the practice of generating income through illegal actions.
“App” means an application owned and operated by the Company or its Affiliate, available for download through App Store (iTunes), Google Play or other application platforms (if applicable). This definition also may include the Desktop Version, when and if applicable.
“CFT” means Combating the Financing of Terrorism and involves investigating, analyzing, deterring and preventing sources of funding for activities intended to achieve political, religious or ideological goals through violence and the threat of violence against civilians.
“Data” means any data or information contained in the Services, the Website and/or the App or the sources, or otherwise.
“Desktop Version” means the version of an application owned and operated by the Company or its Affiliate, available for access through browsers on personal computers or other devices, or for download directly to personal computers.
“Financial Institution” means a third-party bank or other regulated financial institution that Waller partners with for the purposes of providing the Services.
“KYC” means Know Your Client and refers to the process of a business verifying the identity of its clients and assessing potential risks of illegal intentions for the respective business relationship.
“Prohibited Business” includes but is not limited to any product, service or business relating to money laundering, terrorism, homeland security or any other business that is illegal or is considered immoral in the jurisdictions where the User or the Company and the Company’s Affiliates are located or provide services.
“Restricted Person” means a person who is a citizen or a resident of the jurisdictions as may be designated by Waller or a Financial Institution from time to time as well as a person subject to other prohibitions or limitations.
“Services” has the meaning described in Section 3.1.1.
“Telegram” means third-party cross-platform cloud-based instant messaging software and application service with additional features that may be added by the company it is operated by, from time to time.
“User”, “your” or “you” means the person or persons using the Website and/or the App and/or using the Services via the Waller Platform.
“WALLER”, “Waller”, “we”, “us”, “our” or “the Company” means Waller Swiss AG, the company registered under the laws of Switzerland with registered number CHE-177.908.722, located at Bahnhofstrasse 29, 6300 Zug, Switzerland, or other company that may be the service provider for the purpose of Waller’s Services in a particular jurisdiction, as the case may be.
“Waller Platform” means the technology platform connecting social media, Users and Financial Institutions and other partners, available through the App.
“Website” means https://waller.swiss, owned and operated by the Company or its Affiliates.
2. THE SCOPE OF THESE GENERAL TERMS
2.2 Any Particular Terms we or a Financial Institution promulgate will be available in our App or otherwise, depending on the context, and will be limited by the framework of the particular purpose and/or particular jurisdiction. We may add terms or policies to the Particular Terms at our sole discretion and may update each of the Particular Terms from time to time according to modification procedures set forth therein. To the extent of any conflict with these General Terms, Particular Terms shall prevail with regard to any issues relating to the particular purpose and/or particular jurisdiction.
2.3 Restricted Persons may be prohibited or limited to partial use of our Services, subject to the terms and conditions of the Particular Terms.
3. THE SERVICES, REGISTRATION AND ACCESS
3.1 THE SERVICES AND ACCESS TO THEM
3.1.2 The use of the Services is subject to these General Terms. If you have any objections to the General Terms, do not use our Services. Your access to and use of the Services constitutes your acceptance of the General Terms and any other legal notices and statements contained on the Website and/or the App. Your use of the Services is governed by the version of the General Terms in effect on the date each Service is used by you. You are responsible for checking the respective page on our Website and/or the App periodically and regularly in order to review the current version of the General Terms.
3.1.3 The access to the full set of the Services in every particular jurisdiction depends on the verification and onboarding procedures subject to Section 3.3. of these General Terms.
3.2 REGISTRATION AND ACCOUNT
3.1.1 In order to access and use our Services, you may be required to register as a Telegram user by undergoing its internal registration procedure before being able to register with the Waller Platform for the Services as the User. For additional services available in a particular jurisdiction, you shall further complete the sign-up process and proceed with the onboarding with the Financial Institution (if applicable and if you are not its current client) and create an account (the “Account”) directly through our App.
3.2.2 By creating your Account, you agree to use it in accordance with the terms and conditions regulating its use in your particular jurisdiction.
3.2.3 We reserve the right to decline the provision of the Services (partly or in full) to any person or entity, and/or to suspend, change or terminate the Services, at our sole discretion and/or subject to the Financial Institution request with or without reasons or prior notice. We also reserve the right for part of the Services to be not available for particular Users, at particular time and/or in particular jurisdictions. The same applies to the rights of the Financial Institution with respect to the Users.
3.2.4 You are responsible for:
- making all arrangements necessary for you to have access to the App;
- maintaining and promptly updating your Account information;
- maintaining the security of your Account by protecting your password and restricting access to your devices and Account;
- all activities that occur under your Account and you accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
3.2.5 By accepting the General Terms, you hereby represent and warrant to us that:
a) you are (i) a legal entity or (ii) an individual that is at least eighteen (18) years of age and in the event that the laws of your jurisdiction require you to be of a certain minimum age greater than eighteen (18) years to enter into this agreement – you are at least such age;
b) all information you have provided and will provide to Waller and the Financial Institution is true, complete, accurate and not misleading;
c) you have the necessary authorization to enter into these General Terms for and on behalf of your entity, and you and your entity shall be bound by the General Terms (when applicable), and in doing so you will not violate any other agreement to which you are a party;
d) you will use the Services at your own risk and not as agent or representative of a third party or otherwise for the benefit of a third party;
e) are of good repute and are not involved in any criminal misconduct;
f) your usage of the Services is and will be in full compliance with all laws and regulations relevant and/or applicable to your use of the Services;
g) you will only transfer the money using the Service that have been legitimately acquired;
h) you do not reside in a country nor fall under a jurisdiction of a country under which applicable laws you are not allowed to enter into this agreement or use the Services; you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties;
i) your registration and your use of the Services will be consistent with the foregoing license, covenants and restrictions, is not prohibited by any applicable laws or regulations, and you are not infringing nor violating the rights of any other party;
j) you have obtained and are in possession of all licenses and permits as may be required by all applicable laws and regulations relevant to your use of the Services; and you shall, at all times throughout the duration of the General Terms, keep such licenses and permits current and valid;
k) you are not a Restricted Person and do not present the interests of people or entities which are Restricted Persons;
l) you shall not use the Services in connection with any Prohibited Business;
m) you will not use the App and the Services for the purpose of the Prohibited Business and any other illegal activity, including but not limited to money laundering and the financing of terrorism;
n) you will indemnify the Company against the damage that the Company suffers by violating the above representations.
3.2.6 We reserve the right to suspend or terminate, according to our sole discretion and without providing any prior notice, your registration or access to the Services (partly or in full) in the event that (i) we reasonably suspect that you have breached any of the General Terms, (ii) we reasonably suspect fraudulent or illegal activities, (iii) you have violated laws, regulations, agreements or rules for using the Account; (iv) the Company believes that it is risky to provide the Services to you; (v) your bank account with the Financial Institution is invalid, expires or has been closed; (vi) Financial Institution experiences a system failure or a system upgrade; or (vii) when the General Terms have been terminated.
3.2.7 You are wholly responsible for the security of your Account and the use of our Services. We urge you to keep your Account password secure and to always log off from the Account when leaving the devices through which you accessed the Account unattended.
3.2.8 You acknowledge and agree that you are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, databases, equipment, external software or any other resources as may be required and/or necessary for the use of the Services (such as, computers, mobile devices, Internet connections and telecommunications). We do not and will not bear any liability for any cost, expense, loss or other damage you or your Users may suffer directly or indirectly with respect to such hardware, facilities, connections, licenses, permits, databases, equipment or external software or any other resources as may be required in connection with the use of the Services.
3.2.9 In case of the User’s disability or death (for individuals) the relevant procedures arising from the inheritance may be provided by the Financial Institution upon the usual order for these cases.
3.3 VERIFICATION AND ONBOARDING WITH THE FINANCIAL INSTITUTION
3.3.1 To use the Services and gain access to the particular features of the App, including payment transactions, you will need to complete the verification process as required by KYC, AML and CFT rules. You should note that the verification process will take time and might result in your onboarding being rejected.
3.3.2 Waller has the right to require additional documents and/or information (which are not directly mentioned initially) that may be necessary for the verification process to be completed.
3.3.3 All aspects of onboarding with a particular Financial Institution shall be regulated by the Particular Terms and by the rules and procedures of the respective Financial Institution and financial regulations prevailing in the domicile of the Financial Institution.
3.4 ACCEPTABLE USE
When accessing or using the App and the Services, you agree that you will not commit any unlawful acts, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not
a) breach Telegram’s and Financial Institution’s legal terms and conditions and their other legal documents;
b) use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
c) use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to Prohibited Business;
d) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
e) use or attempt to use another user’s account;
f) attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
g) introduce to the Services any virus, trojan, worms, logic bombs or other malware;
h) develop any third-party applications that interact with our Services without our prior written consent;
i) provide false, inaccurate or misleading information; or
j) encourage or induce any third party to engage in any of the activities prohibited under this Section 3.4.
4. TECHNICAL ASPECTS OF WALLER SERVICES
4.1.1 The official language of Waller and appropriate Services is English. Waller has the right to add additional languages for some purposes. Despite this fact, the English language remains our governing language.
4.1.2 Some of the Services might be provided through our Affiliates and/or the chain of our partners. In this case the appropriate Affiliate and/or partner is the service provider in relation to the User.
4.1.3 You understand and agree that the Company is not a bank or financial institution and cannot provide services that ensure immediate transfer of funds to your account. You acknowledge that it takes reasonable time for the transfer of funds to complete.
4.1.4 You are responsible for the legitimacy, authenticity, completeness and validity of the instructions you have issued during the use of the Services.
4.1.5 When you use the Services, the Company may record the transaction status in the manner as it will be agreed with the Financial Institution in every particular jurisdiction. You can check your transaction history with your Financial Institution or otherwise depending on the jurisdiction.
4.1.6 All aspects of any refund procedure or other inquiry are subject to the Particular Terms and will be solved subject to the particular Financial Institution’s rules and policies.
5. SERVICE FEES AND COMMISSIONS, TAXES AND PAYMENT TERMS
5.1 The part of the Services provided to you may be subject to appropriate fees and/or commissions. You shall be responsible for payment of all taxes, levies or duties where necessary as may be required by the countries and territories in which you are considered responsible for such payments.
5.2 Fees and/or commissions for our Services may change from time to time.
5.3 The actual method for charging service fees is described in various notices and notifications you will receive while using the Services. Notices and notifications issued by the Company and/or the Financial Institution regarding various types of charges are part of this agreement and/or the agreement with such Financial Institution, accordingly. If you continue to use the Services after receiving such notices or notifications regarding service charges, you are deemed to have unconditionally agreed to pay service fees to the Company and/or the Financial Institution under the relevant notices or notifications.
5.4 Where applicable, the fee and/or commission of a particular Service includes VAT (value added tax) or other applicable tax at the applicable current rate chargeable in the jurisdiction at the time of the order. However, if the rate of such tax changes between the date of your order and the order confirmation, we will adjust the tax you pay, unless you have already paid for the Services in full before the change in tax takes effect.
6. ELECTRONIC NOTICES
6.1 You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that Waller provides in connection with your Account and/or use of the Services. You agree that Waller may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or a text message to a mobile phone number that you provide. Your messaging, data and other rates and fees may apply to any mobile Communications.
6.2 You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to the support email. If you decline or withdraw consent to receive electronic Communications, Waller may suspend or terminate your use of the Services (partly or in full).
6.3 It is your responsibility to keep your email address and/or mobile phone number provided to Waller up-to-date so that Waller can communicate with you electronically. You understand and agree that if Waller sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Waller will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Waller to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number or residence address (if applicable) at any time by logging into your Account or by sending such information to the support email. If your email address or mobile phone number becomes invalid in a such way that electronic Communications sent to you by Waller are returned, Waller may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.
7. THIRD-PARTY CONTENT
In using our Services, you may view content provided by third parties, including articles, reviews, comments, insights, analysis and links to web pages of such parties, including but not limited to blogs, forums, communities and social networks. We do not control or approve any third-party content and shall have no responsibility for third-party content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You understand that your use of third-party content and your interaction with third parties that are linked to our Service is at your own risk and we are not responsible or liable for any loss or damage of any sort incurred as the result of such use or interaction.
8. DISCLAIMER OF WARRANTIES
8.1 OUR SERVICES ARE PROVIDED ON A STRICTLY “AS IS”, “WHERE IS” AND “WHERE AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or about their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted or that their content will be accurate, complete or timely.
8.2 WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE GENERAL TERMS.
8.3 YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS INCLUDING THIRD-PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
8.4 You understand that we cannot and do not guarantee or warrant that the files available for downloading from the Internet or the Website and/or the App will be free of viruses or other malware. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
8.5 TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, YOUR DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND/OR THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
8.6 YOUR USE OF THE WEBSITE, THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP IS AT YOUR OWN RISK. THE WEBSITE, THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND/OR THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
8.7 TO THE FULLEST EXTENT PROVIDED BY LAW, WALLER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
8.8 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY & INDEMNITY
9.1 You acknowledge and agree that there are risks associated with using of our Services, Financial Institutions’ actions and licenses, any supported country’s regulations. BY USING THE WEBSITE, THE APP AND THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
9.2 The Company is only liable for the obligations listed in this agreement, and the scope of the Company’s liability is limited to your actual economic losses that are reasonably foreseeable.
9.3 The Company only provides the Services as a Platform and does not participate in specific goods or services transactions. When you use the Services, any dispute or liability arising from the transaction of goods or services should be resolved or undertaken by you.
9.4 The Service is provided at the current technical level. The Company will try its best to provide services for you, but there is no guarantee that the Services will fully meet your expectations.
9.5 IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE MATERIALS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM WALLER’S LINKS AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WALLER'S RECORDS, PROGRAMS OR SERVICES.
9.6 The User agrees to indemnify and defend the Company and its Affiliates and their respective directors, officers and personnel from and against all losses, costs, damages, expenses and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by the Company or its Affiliates arising out of or as a result of or relating in any manner to a claim relating to:
a) the User’s breach of any representation, warranty or covenant in these General Terms;
b) the User’s breach of any term or condition of Telegram’s and/or Financial Institution’s legal documents; or
c) any negligent act or omission of the User or its authorized representatives.
9.7 THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. NO OFFER
Neither these General Terms nor any other document or information publicly available on the Website and the App without going through your Account constitute an offer or solicitation to sell securities. None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended. Accordingly, these General Terms do not constitute investment advice or counsel or solicitation for investment in any security and shall not be construed in that way. These General Terms do not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities. Waller expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in this document, (ii) any error, omission or inaccuracy in any such information or (iii) any action resulting therefrom.
11. NO ADVICE
11.1 Waller is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by Waller is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
11.2 The information presented on or through the Website and/or the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or the App, or by anyone who may be informed of any of its contents.
11.3 The Website and/or the App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and to content, other than the content provided by Waller, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Waller. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
12. DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Waller Platform or our Services, that you provide, whether by email, posting through application platforms or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of Waller. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights over it; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights or of their right to privacy.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Unless otherwise indicated by us, all copyright and other intellectual property rights over all content and other materials contained on Website and/or the App or provided in connection with the Services, including, without limitation, Waller and its entire contents, features and functionality (including but not limited to all information, software, designs, text, graphics, pictures, information, data, video sound files and other files) and the selection and arrangement thereof are the proprietary property of the Company or our Affiliates, licensors, Users or suppliers and are protected by international copyright laws, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
14.2 “WALLER”, “Waller”, the Company’s logo and any other Company’s product or service names, logos or slogans that may appear on our Services are subject to IP right protection and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Waller without our prior written permission, including, without limitation, any messages or other "hidden text" utilizing any trademark, product or service name of the Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Waller and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
15.2We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
16. SUSPENSION. TERMINATION
In the event of any Force Majeure Event (as defined in Section 19.4.), breach of these General Terms, or any other event that would make provision of the Services commercially unreasonable for Waller, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these General Terms. In the event of termination, you are solely responsible to your further relationships with the Financial Institution.
17.1 You will be furnished with the reasonable support subject to your use of the Services by the way depending on your jurisdiction.
17.2 Wherever you reside using the Platform, you should keep the following information, materials and hardware devices properly:
- bank card, password, CVV code, pin, expiration date and another card information;
- Waller Account and login password and other authentication factors (if applicable);
- Telegram password and gesture password and other authentication factors (if applicable);
- information related to your smartphone and other mobile devices and SIM card information;
- biometric identification information such as fingerprint information, iris recognition information, face recognition information and voiceprint information.
You should keep the aforementioned information, materials and hardware devices properly, and ensure that your devices are operated and used in a safe, virus-free, uninvaded, unmonitored, uncontrolled environment. If you have leaked any of the aforementioned information or materials or lose any of the aforementioned devices, you shall bear the consequent risks and losses.
17.3 When any of the following situations occurs, you should promptly contact support to minimize any potential losses:
- you have accidentally lost or leaked the information listed in Section 18.2;
- you have lost your smartphone or other mobile devices or your SIM card;
- while opening your bank account with the Financial Institution you have provided the telephone number of another person;
- third parties have fraudulently used or stolen your identity information or account information;
- any other use of your Waller account, the Services or your bank account without your legal authorization has occurred.
17.4 Some types of support may be furnished only by the Financial Institution and will be regulated by the Particular Terms and/or the Financial Institution’s rules and procedures.
18.1 Entire Agreement. These General Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These General Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Waller for the Services or for any other Waller’s product or service or otherwise. In the event of any conflict between these General Terms and any other agreement you may have with Waller, the terms of that other agreement will control only if these General Terms are specifically identified and declared to be overridden by such other agreement.
18.2 Waiver. Our failure or delay in exercising any right, power or privilege under these General Terms shall not operate as a waiver thereof.
18.3 Severability. The invalidity or unenforceability of any particular provision of these General Terms shall not affect the validity or enforceability of other provisions of these General Terms, all of which shall remain in full force and effect.
18.4 Force Majeure Events. The Company and/or its Affiliates shall not be liable for (1) any inaccuracy, error, delay in or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Company's reasonable control (each, a "Force Majeure Event").
18.5 Assignment. You may not assign or transfer any of your rights or obligations under these General Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company may assign or transfer any or all of its rights under these General Terms, in whole or in part, without obtaining your consent or approval.
18.6 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
18.7 Language. This English language text of the General Terms is the primary official source. The information contained herein may from time to time be translated into other languages or used in the course of written or verbal communications with existing and prospective customers, partners etc. In the course of such translation or communication some of the information contained herein may be lost, corrupted or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and communications and this official English language text of the General Terms, the provisions of this English language original document shall prevail.
18.8 Third-Party Beneficiary. The Company and the User acknowledge and agree that Apple and Google Play, as well their subsidiaries, might be third-party beneficiaries of these General Terms in the case of the App access, and Apple and Google Play will have the right (and will be deemed to have accepted the right) to enforce these General Terms against the User who uses the App as a third-party beneficiary thereof.
18.9 Applicable Law. These General Terms and the rights and duties of the Parties hereunder shall be governed by and construed in accordance with the laws of Switzerland.
18.10 Dispute Resolution. Any dispute arising out of or in connection with these General Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved exclusively by the ordinary courts having jurisdiction in the city of Zug, Switzerland.
Waller Swiss AG
Bahnhofstrasse 29, 6300 Zug, Switzerland
+41 41 501 08 08