WiseShop

Terms of Use

Hamiware (the Company) is the Website Owner and operates the domain wiseshop.app (Website) and provides the WiseShop suite of apps (Services). Access to and use of this Website and the products and services available through this Website (collectively, Services) are subject to the following terms, conditions, and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us at any time. You should check this page periodically to take notice of any updates we may have made to the Terms of Use.

1. Modifications to Terms of Use

Hamiware reserves the right to modify these Terms of Use from time to time. Modifications will become effective immediately upon notification on this Website. In the case of significant changes, we will notify users via email or other direct communication methods where possible. Your continued use of WiseShop following such notification signifies an agreement by you to be bound by the terms and conditions as modified.

2. Website Access

Access to this Website and its services is granted on a temporary basis, and we reserve the right to modify or discontinue the Services without prior notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any duration. Occasionally, we may limit access to some sections or the entire Website.

3. Free Trial and Subscription Terms

Hamiware offers a 30-day free trial for new users of the WiseShop suite of apps, allowing full access to the services during this period. After the trial ends, continued access requires a subscription to one of the available plans. The subscription will be billed according to the terms outlined in the chosen plan (e.g., monthly or yearly). Failure to cancel before the trial period ends will result in automatic charges for the next billing cycle. Subscriptions renew automatically unless canceled before the next billing cycle

Users may cancel their subscriptions at any time, and any unused portion of the subscription period will not be refunded. Subscription fees are subject to change, and users will be notified in advance of any changes that may affect their plan.

4. External Links

This Website provides links and pointers to other websites (External Links), which are not under the control of Website Owner. Website Owner has no governance over the External Links and accepts no liability for them or for any harm or loss that may arise from your utilization of them. Your engagement with the External Links will be governed by the terms of use and service contained within each such site. Website Owner will not be accountable to you for any damage or loss arising in any manner out of or in connection with or incidental to, your reliance upon, any information or third-party service provided by any third party.

5. Privacy Policy

Our privacy policy, which explains how we will utilize your information, can be found at https://wiseshop.app/privacy By accessing this Website and using its services, you consent to the processing of your data as outlined in the privacy guidelines and affirm that all data you provide is accurate.

6. Data Protection and Compliance

Hamiware is committed to safeguarding your data in compliance with applicable data protection regulations, including but not limited to the Australian Privacy Act 1988 and other relevant laws. By using the WiseShop apps, you consent to the collection, processing, and storage of your data in accordance with our Privacy Policy, which can be found at https://wiseshop.app/privacy.

Hamiware takes commercially reasonable steps to protect your data from unauthorized access, disclosure, or destruction. However, you acknowledge that no data transmission over the internet or storage system can be guaranteed to be 100% secure. We are not liable for any unauthorized access to or loss of your data unless it is caused by our negligence.

7. Restrictions

    You must not misuse the WiseShop Website or Services. You will not:

  • Engage in unauthorized access, automated scraping, or use of data-mining technologies without express permission from the Website Owner.
  • Engage in or promote any criminal activity;
  • Disseminate or circulate a virus, trojan, worm, logic bomb or any other malicious, technologically harmful material, or material in breach of confidence or in any way offensive or obscene;
  • Infiltrate any part of the Service; corrupt data; cause disruption to other users;
  • Encroach upon the rights of any other person's proprietary rights;
  • Disseminate any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  • Endeavor to impair the performance or functionality of any computer facilities of or accessed through this Website.

Violating this provision would constitute a criminal offense and Website Owner will report any such violation to the relevant law enforcement authorities and disclose your identity to them.

  • 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, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

8. Third-Party Platforms

WiseShop apps are made available through third-party platforms, such as Shopify. Your use of WiseShop apps may be subject to additional terms and conditions imposed by these platforms. Hamiware is not affiliated with Shopify, and we are not responsible for the actions, policies, or services of any third-party providers, including Shopify.

We strongly advise users to review and comply with the terms and policies of any platform on which WiseShop apps are used, as any breach of those terms may affect your ability to use our services.

9. Intellectual Assets, Software and Content

  • The intellectual property rights in all software and content (including photographic images) provided to you on or through the WiseShop Website and Services remain the property of Hamiware or its licensors and are safeguarded by copyright laws and treaties around the globe. All such rights are reserved by Website Owner and its licensors. You may store, print and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
  • You acknowledge that information contained on this Website is for personal use only and may not be sold, redistributed or utilized for any commercial purpose (this includes but is not limited to the use of service information). You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner any material from this Website including code and software. You must not use this Website or its services for any purpose that is unlawful or prohibited by these terms of use. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on this Website on your own website or in any other publication), except with our prior written consent.
  • Website Owner welcomes ideas and feedback from you about all aspects of this Website. You agree that Website Owner may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of this Website or by email to Website Owner. (Please read our privacy policy for more information as to how we deal with information you send to us.)
  • By submitting any comments or feedback about WiseShop services, you grant Hamiware a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and modify the content.

10. Service Level and Maintenance

Hamiware aims to provide continuous access to the WiseShop apps, but we do not guarantee uninterrupted service or uptime. There may be scheduled maintenance, updates, or third-party service interruptions that could cause temporary service disruptions. We will endeavor to notify users in advance of any planned downtime, but urgent or emergency maintenance may be conducted without prior notice.

We strive to resolve any technical issues or service disruptions as quickly as possible, but Hamiware is not responsible for any loss or damage arising from such interruptions. By using our services, you acknowledge and accept the possibility of occasional downtime due to maintenance or unforeseen technical issues.

11. Disclaimer of Liability

  • Subject to any non-excludable consumer guarantees and other consumer protection provisions set forth in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Please note that local laws in certain regions may provide users with additional rights not explicitly mentioned in these terms.
  • To the fullest extent permissible by law Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  • Hamiware, the Website Owner, provides no assurance to you that the services generally available through this Website will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that Hamiware cannot and does not guarantee or warrant to you that files available for downloading through this Website or delivered via electronic mail through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data.
  • Hamiware is not responsible for any loss of data, customer information, or business interruptions arising from your use of the WiseShop apps, including issues caused by third-party integrations, technical failures, or service disruptions. We do not guarantee that WiseShop apps will be compatible with all platforms or third-party services, and we disclaim any liability for issues arising from incompatibility.
  • While we strive to ensure data security and service availability, Hamiware cannot be held liable for any indirect, incidental, or consequential damages, including but not limited to loss of revenue, profits, data, or goodwill, resulting from the use of WiseShop apps.
  • This clause does not affect Hamiware's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

12. Linking to this website

Subject to clause 6 of these terms, you may link to our home page, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

13. Disclaimer regarding ownership of trademarks, images of personalities, and third-party copyright

Except where explicitly stated otherwise, all individuals (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on this Website are the property of their respective owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.

14. Indemnification

You agree to indemnify, defend, and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, or costs (including, but not limited to, legal fees) arising from your use of this Website, any content you submit, or your breach of the Terms of Use, including but not limited to violations of third-party rights.

15. Modifications

Website Owner reserves the right, in its absolute discretion, to amend, remove or vary the Services or any page of this Website at any time and without notice. No guarantee is provided regarding the continuous availability of any specific service on this Site.

16. Validity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected, and all other clauses remain in full force and effect. So far as possible, if any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

17. Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise; please let us know if you have any complaints or comments.

18. General Terms

Termination of this agreement will not end those provisions that are capable of surviving the termination of this agreement.

The laws governing this agreement will be the laws in New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the Courts of Sydney, New South Wales.