IMPORTANT NOTICE: These Terms of Service (“Terms”) govern your access to and use of the services provided by Walee Engage (“Walee Engage,” “we,” “us,” or “our”). Walee Engage is an authorized reseller of a proprietary conversational engagement platform and its related services (the “Underlying Platform”), which is owned and operated by a Third-Party Service Provider. By accessing or using the Service, you (the “User”) agree to be bound by these Terms.
While you access the Platform, you acknowledge and agree that your use of the Platform shall at all times be subject to legal laws, statutes, rules, regulations and binding directives of the competent authorities of the United States of America and Pakistan region including, but not limited to (collectively “Applicable Law(s)”):
A. United States of America:
B. Pakistan:
The Users acknowledge and agree that the foregoing list of the Applicable Laws is non-exhaustive. Additional local, regional, or national laws may apply, depending on the country from which the Platform is accessed, including, without limitation, laws relating to data protection, privacy, content moderation, age verification, consumer protection, intellectual property, and any other regulatory obligations. Users expressly undertake to comply with all Applicable Laws, including amendments, modifications, or updates thereto, in any jurisdiction from which they access or use the Platform.
Users acknowledge that compliance with Applicable Laws may include responding to lawful takedown or data requests by authorities and that Walee Engage may share User data with law enforcement where required.
A. Service Provision: Walee Engage will provide the Customer with access to and support for the Service, which utilizes the Underlying Platform.
B. Reseller Status: Walee Engage is an independent reseller of the Underlying Platform’s services. The Customer acknowledges that the core technology and platform features are governed by the terms, policies, and functionality defined by the Platform Owner and its underlying partners (such as WhatsApp).
C. No Direct Relationship with Platform Owner: Your contractual relationship for the provision of the Service is solely with Walee Engage. You agree that the Platform Owner bears no direct contractual responsibility to you under these Terms.
A. Account Creation: The Customer must register for an account and provide accurate and complete information, including a valid business name, email address, and billing details.
B. Security: The Customer is responsible for maintaining the confidentiality of their account credentials and is fully responsible for all activities that occur under their account.
C. Age Requirement: The Service is not directed to children under 16. By using the Service, you represent that you are at least 16 years of age. If you are under the age of 16, you represent that you have obtained consent from your parent or legal guardian to use the Platform and agree to these Terms. We reserve the right to terminate any Account if we believe a User is under the Minimum Age or has not obtained the necessary parental consent. Walee Engage does not knowingly collect or solicit personal information from anyone under the Minimum Age. If we learn that we have collected personal information from a child under age 13 without verified parental consent, we will delete that information promptly. If you believe that a child under the Minimum Age has provided us with personal information, please contact us immediately.
A. Compliance with Platform Policies: The Customer agrees to comply with all applicable terms, policies, and guidelines established by the Platform Owner and its partners, including the WhatsApp Business Policy and Commerce Policy. Any violation of these external policies may result in the suspension or termination of your Service access.
B. Compliance with Laws: The Customer is solely responsible for ensuring that their use of the Service, including the collection, storage, and processing of Customer Data (such as obtaining necessary consents for messaging), complies with all applicable local, national, and international laws, including privacy and telecommunication laws.
C. Prohibited Conduct: The Customer must not use the Service for any unlawful, abusive, or fraudulent purpose, including but not limited to:
D. Enhanced User Representations and Warranties: The Customer represents, warrants, and agrees that all information provided during registration or thereafter is true, accurate, current, and complete. The Customer shall have full power and authority to accept these Terms and perform all obligations hereunder. Any User Content submitted shall not infringe upon any Third Party Rights, including copyrights, trademarks, or trade secrets.
A. Subscription Fees: The Customer agrees to pay the subscription fees and any usage-based charges set forth in the separate agreement or order form provided by Walee Engage.
B. Invoicing and Billing: All fees are due as per the payment schedule defined by Walee Engage. Failure to pay fees when due may result in the suspension or termination of the Service.
C. Taxes: The Customer is responsible for all taxes, duties, and government charges arising from the use of the Service.
A. Walee Engage IP: Walee Engage retains all rights, title, and interest in and to its own branding, intellectual property, and proprietary tools.
B. Platform Owner IP: The Service, including the Underlying Platform’s software, technology, and any modifications or improvements, remains the sole property of the Platform Owner and its licensors. The Customer is granted a limited, non-exclusive, non-transferable right to use the Service as provided by Walee Engage.
C. Customer Data: The Customer retains all rights, title, and interest in and to all Customer Data. The Customer grants Walee Engage and the Platform Owner a license to use the Customer Data only as necessary to provide, manage, and improve the Service.
A. Privacy Policy: Use of the Service is subject to the Walee Engage Privacy Policy (which should incorporate or reference the Platform Owner’s policy) and the underlying privacy policy provided by the Platform Owner.
B. Customer Data Handling: Walee Engage will handle Customer Data in accordance with its Privacy Policy and will implement reasonable measures to protect it. The Customer acknowledges that Walee Engage acts as an intermediary, and the storage and processing of messages and conversations occur on the Platform Owner’s system.
A. Term: These Terms will remain in effect for the duration of the subscription period specified in your order form, and automatically renew unless either party provides notice of non-renewal.
B. Termination for Cause: Either party may terminate these Terms immediately if the other party breaches a material provision of these Terms and fails to cure such breach within thirty (30) days after receiving written notice.
C. Effect of Termination: Upon termination, the Customer’s right to access and use the Service will cease immediately. Walee Engage will instruct the Platform Owner to proceed with the deletion of all Customer Data as per the underlying platform’s data retention policies, unless legally required to retain it.
A. AS-IS Basis: The Service is provided “as is” and “as available,” without any warranties of any kind, express or implied. Walee Engage and the Platform Owner specifically disclaim all implied warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
B. Reseller Liability: Walee Engage’s liability for any and all claims arising out of or in connection with these Terms, whether in contract, tort, or otherwise, shall be limited to the fees paid by the Customer to Walee Engage for the Service in the twelve (12) months preceding the event giving rise to the claim.
C. Exclusion of Damages: In no event shall Walee Engage or the Platform Owner be liable for any indirect, special, incidental, punitive, or consequential damages (including, but not limited to, loss of profits, loss of data, or business interruption) arising out of or in connection with these Terms or the use of the Service.
D. Indemnity: The Customer agrees to defend, indemnify, and hold harmless Walee Engage and its officers, directors, employees, and agents from and against any losses, claims, actions, costs, damages, penalties, and expenses (including attorney’s fees) arising out of the Customer’s unauthorized use of the Service or any breach of these Terms, including any actual or alleged violation of any federal, provincial, or local statute or regulation.
A. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Walee Engage’s jurisdiction, without regard to its conflict of laws principles.
B. Waiver: No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
C. Modifications: Walee Engage reserves the right to modify these Terms at any time by posting the revised version on its website. Continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms.