These terms of use ("Terms of Use") set forth the basis on which you are permitted to access and use the IWAWA applications and online resources (collectively, the "Services").
Our mobile applications (the “Product”) are designed as tools for parents and legal guardians to provide their children with a kid-friendly environment to discover, launch and use third party applications and content with parental controls managed through the Product.
These Terms of Use shall govern over all aspects of iWawa applications offered, including, without limitation, the products and services contained herein. Please read these Terms of Use carefully before using the Product. By accessing and using the Product in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use or access the Product in any manner. Shenzhen iWawa Technology CO., LTD (“iWawa”) reserves the right to update these Terms of Use at any time without the requirement of any notice to you.
The IWAWA Product is a protected environment which enables young kids to safely use a wide variety of applications and content on the Internet suitable for children. Unless otherwise specified, the Product is made available solely for personal and non-commercial use, in accordance with all applicable laws.
As a condition to your use of the Services provided by IWAWA, you agree not to use the Product for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any IWAWA server, or the network(s) connected to any IWAWA server, or interfere with any other party’s use and enjoyment of the Service. You may not distribute in any medium any part of the Service without IWAWA prior written authorization. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Product. You further agree not to alter or modify any part of the Service or any of its related technologies.
The services made available require you to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify IWAWA immediately of any unauthorized use of your account or any other breach of security. IWAWA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by IWAWA or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder.
We believe that all users benefit from basic rules regarding conduct while using the Services. Widespread use and enjoyment of the Services is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services:
If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your rights to use the Services are terminated, you will immediately lose access to any information that may be on the system.
We can terminate your access to the Services at any time. We may also remove any Content that you post without cause and without notice to you.
YOU UNDERSTAND THAT IWAWA IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICE FOR ANY REASON, WHETHER BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
IWAWA reserves all rights not expressly granted in the Agreement and disclaims the grant of any implied rights to you. The Services are owned by IWAWA or its licensors, as applicable, and protected by applicable law, with all rights reserved. The entire content (images and text) of the Services is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used without the express written permission of IWAWA. Except for allowing you to use the Services for your personal use as set forth in these Terms, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of IWAWA or its licensors. You understand that you have no rights to the Services or any other property of IWAWA or its licensors except as expressly provided in these Terms.
IWAWA complies with the Children’s Online Privacy Protection Act (COPPA) and makes every effort to choose third-party websites and content that is kid-friendly. IWAWA is however, not responsible or liable for the material, information and content available on or by means of any third-party content, services, online products, websites and webpages (“Third Party Content“). IWAWA is also not responsible for the privacy practices and cannot guarantee the COPPA compliance of third-party content including on websites, webpages, services or online products. By linking to a non-IWAWA website, webpage, content, service, online product, etc., IWAWA does not represent or imply that it endorses such website, webpage, content, service or online product. You are responsible for reviewing the privacy practices of all third-party content.
IWAWA disclaims any responsibility whatsoever for any harm resulting from your use of non-IWAWA websites, webpages, content, services, online products, etc. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.
Our Privacy Policy, located at: https://www.iwawakids.com/en/privacy explains our online information practices and how your information is collected and used.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IWAWA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. IWAWA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF ITS SERVICES (OF ANY KIND) OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF IWAWA’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. IWAWA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IWAWA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL IWAWA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF IWAWA SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IWAWA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless IWAWA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable legal fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your potential postings or User Generated Content caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the Services.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
Your use of the Services and Product and these Terms of Use shall be governed in all respects by the laws of Israel, without giving effect to its conflict-of-law provisions. You agree that any action brought against IWAWA arising out of or relating to the Services or Product or these Terms of Use may be brought only before the courts of Tel Aviv, Israel.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Use, together with the Privacy Policy located at https://www.iwawakids.com/en/privacy and any other legal notices published by IWAWA on the Website or Product shall constitute the entire agreement between you and IWAWA concerning the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and IWAWA failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.