General terms and conditions Wishes From Africa
1.1 These are the general terms and conditions of Wishes From Africa. The general conditions are hereinafter referred to as "GTC".
1.2 Wishes From Africa is based in HK. We are registered with the trade register.
Company Name: World Wide Wishes Limited
Address: Suite C, Level 7, World Trust Tower, 50 Stanley Street. Central HK
License number: 3335536
1.3 Words like "customer", "user" or "you" is defined in these "T&C" as the person in the form of natural person and/or on behalf of an organization using our website.
1.4 The GTC are part of the agreement made between Wishes From Africa and you when you have completed the order.
1.5 You warrant that in the ordering process, on the website and/or through the contact form, you have been given the opportunity to learn more about these "T&Cs".
2.1 The "T&C" shall apply to the use of our website, to the registration and use of an account, to the use of our video messaging application, to the orders placed by you and to the agreements and other legal relations between us. These "T&C" shall also apply to subsequent and additional orders and new agreements.
2.2 When you register on our website, you will be notified that you thereby accept the "GTC". When placing an order, you will also be notified that you accept the T&C. In both cases, you can read the T&C and also find the option to print them out for review.
3. Establishment of the agreement
3.1 We make our offer to you in the online ordering process based on your specific request, or in other ways if we indicate as such.
3.2 You may accept our offer by making payment during the ordering process. Upon receipt of your payment, your order is placed and the contract is concluded, under the suspensive condition that the upload of the video is successful. All orders are subject to our "T&Cs".
3.3 We will confirm your order by email, if requested you will receive an invoice.
4. Execution of the agreement and delivery time
4.1 We will begin to execute the contract immediately after its formation by processing your order.
4.2 It is our intention to process the production of your order on the date specified by you. From the time of placement, the duration of delivery is at least 1 to 2 business days.
4.3 When configuring the order, you will see what it will look like. In the checkout, where you complete the order, you will then see a brief overview of what your order entails.
4.4 Orders are delivered by mail within 1 to 2 days.
5. Prices and payment
5.1 Prices on our website include VAT.
5.2 Our website contains information on the various payment methods available. As stated above, you place your order by making a payment in our ordering process. Upon receipt of your payment, your order is placed and the contract is concluded, on the suspensive condition that the upload of the video is successful. After we receive your payment, we will send a confirmation by email.
6. Refund Policy
6.1 If for any reason you are not satisfied with your purchase, you can contact the support team and provide us with your order number and the reason. Our support team will review your request and provide further instructions on how to proceed with the process.
Please note that refunds are not guaranteed and are subject to review by our support team. Our support team may refuse your request if there is evidence of abuse or fraud.
We would also like to emphasize that our digital video message may be non-refundable due to its nature. We will do our best to solve the problem as best we can.
7. Compliance and complaints
7.1 Should you be dissatisfied with the order or our service, please notify us within 14 days of receiving your order so that we have the opportunity to offer an appropriate solution.
7.2 We are not obliged to offer a solution if data is submitted incorrectly.
8. Video storage/management
8.1 The services offered on our website are not intended to be used for video storage. The storage period we use is 3 months for the placed order, after this period the order (history) will be deleted.
8.2 We make responsible and reasonable efforts to ensure that the video is delivered to you within 1 to 2 days. You are responsible to always store copies of the video elsewhere. We are not liable for the loss of video and/or other data.
9. Usage Rules
9.1 You warrant that the photo(s) uploaded to our service through your account do not infringe any third party rights. Third party rights include, without limitation, intellectual property rights such as copyright, neighboring rights, design rights, patent rights, trademark rights trade name rights and trade secret rights. Third party rights include, without limitation, privacy rights and portrait rights.
9.2 You also warrant that the photo uploaded to our Services through your account does not violate criminal laws, mandatory statutory provisions, public order, morality or what is considered appropriate conduct under unwritten law.
9.3 You guarantee that by processing your order and executing the agreement we will not infringe any third party rights or rules as mentioned above.
9.4 You guarantee that the order you place are intended for your network for which you have obtained permission to access them.
9.5 You warrant that the image(s) uploaded to our services do not contain any viruses, malware or other forms of malicious software or other content that may compromise our services. You warrant that you will not hack, spam or use our services in any way that affects or interrupts the integrity or performance of our service.
9.6 You will indemnify and hold Wishes From Africa harmless from and against all claims, costs, damages, losses, liabilities and expenses and (including reasonable attorneys' fees) arising out of or in connection with any claim arising out of or related to the breach or alleged breach of the "T&C".
9.7 We have the right to terminate the agreement, remove, or suspend your photo(s) and notify the appropriate authorities should you be in violation of the T&Cs or if we have serious suspicions that such is the case. We will not be liable for any damages resulting from this.
10. Availability of our services
10.1 It is our intention to keep our service continuously available to you, but maintenance work, security updates or events or interruptions beyond our control may interrupt our services or your account. We will not be liable for any losses or damages related to such interruptions.
10.2 Our Services are available to you if you are using a computer or device with Internet access and an up-to-date Internet browser. You are required to take adequate security measures with respect to your own device and the software you use. We are not liable for the devices and software you use when working with our services, nor are we liable for errors or loss of data during the transmission of digital files and/or image materials to our services via computer networks or telecommunications facilities not controlled or operated by us.
11. Intellectual property rights
11.1 All intellectual property rights, including but not limited to copyright, neighboring rights, database rights, design rights, trademark rights, trade name rights, trade secrets and patent rights to and relating to our website, application including related know-how are the property of Wishes From Africa
11.2 We are entitled to take technical measures to protect intellectual property rights. You may not remove, avoid or circumvent these protections or allow third parties to do so.
11.3 You are not entitled to integrate or combine parts of our website, Wishes From Africa application and services in whole or in part into or with software not made available by us.
12.1 We are committed to protecting your personal data. We process personal data of our customers in accordance with the EU General Data Protection Regulation (GDPR). Please read our privacy and cookie statement for more information about our processing of personal data.
12.2 In our privacy statement we state that you provide the order based on your consent. By means of the "GTC" you give your explicit consent.
12.3 You are responsible for the video you provide to us as well as the details of your network to whom we have to send it. Videogift is the processor and will carry out the assignment in accordance with your instructions.
12.4 You have the right to withdraw your consent at any time. However, the withdrawal of consent does not affect the lawfulness of the processing before the withdrawal.
12.5 Young people under the age of 16 require the consent of their parents or legal representatives to place an order.
13. General notes on how the Internet works
13.1 Despite the control you have over your account and the way we have set up the Services, the availability of the Internet can never be completely controlled. For example, your video message may be retained by people with whom you share it, for example by taking screenshots or otherwise, even after you delete the video message. We trust that you understand this and we are explicitly not liable for it.