Terms of Services

Wish Alerts Terms of Use

Welcome to the Wish Alerts Site (defined below). By using it, you are agreeing to these Terms of Service (defined below). Please read them carefully.  These Terms of Use were last updated on December 19, 2016.

 

ACCEPTANCE OF TERMS OF USE

Wish Alerts, Inc. (“Wish Alerts”, “WishAlerts”, “WishAlerts!”, "we" or “us” or “our”) owns and operates the website, www.wishalerts.com, the mobile apps and web versions and any sites or apps we have now or in the future that reference these Terms of Use (collectively, "Site"). By using the Site and Wish Alerts’ services through the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY Wish Alerts SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER; COUPON; OFFER; SUGGESTED OFFER; PRODUCT, or SERVICE, OFFERED THROUGH THE SITE.

1. About

The Site is a platform through which certain merchants (“Merchants”) sell vouchers; products; services; goods; gift cards; experiences, sell goods and services directly to you (“Merchant Offerings”), make available coupons, promotional codes, giveaways, samples, and offers for software downloads (“Coupons”), and sell dining experiences for specific dates and times (collectively, “Merchant Offerings”). 

Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided.

In addition, the Site also provides a platform through which you can purchase products from Wish Alerts (“Products”) and participate in other available programs.

Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in Wish Alerts’ sole discretion, without notice.

 

2. Ownership of the Site

The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, Merchants and other content providers. By using the Site and accepting these Terms of Use: (a) Wish Alerts grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by Wish Alerts; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of Wish Alerts.

 

3. Use of site

As a condition of your use of the Site, you agree that:

You have reached the age of majority in the state or province in which you reside;

You are able to create a binding legal obligation; You are not barred from receiving products or services under applicable law; You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality; Your use of the Site will at all times comply with these Terms of Use;

You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers; You will only make purchases on the Site for your own use and enjoyment or, as a gift for another person; You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete; You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and, You will only purchase a Merchant Offering, Product or participate in other available programs through the Site by creating an account on the Site, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Use.

 

4. Access to the Site

Wish Alerts retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

 

5. Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services, we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will not apply to Merchant Offerings or Products purchased prior to the effective date of such changes. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.

 

6. Your Conduct

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Site and constitute violations of these Terms of Use: Submitting any content to the Site that: Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); Contains personal information, except when we expressly ask you to provide such information; Contains viruses or malware; Offers unauthorized downloads of any copyrighted, confidential or private information; Has the effect of impersonating others; Contains messages by non-spokesperson employees of Wish Alerts purporting to speak on behalf of Wish Alerts or provides confidential information concerning Wish Alerts; Contains chain letters of any kind; Is purposely inaccurate, commits fraud or falsifies information in connection with your Wish Alerts account or to create multiple Wish Alerts accounts; or Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Attempting to do or actually doing any of the following: Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access; Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site. Using any of the following: Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission; Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission; The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Wish Alerts; or The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Wish Alerts, including, without limitation, aggregating current or previously offered deals. Collecting any of the following: Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or

Personal Information (defined in our Privacy Statement), User Content or content of any consumers or Merchants. Engaging in any of the following: Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Wish Alerts; Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); Reselling or repurposing your access to the Site or any purchases made through the Site; Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings or Products, or otherwise using any Wish Alerts account to purchase Merchant Offerings or Products for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site; Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site; Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission; Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission; Hyperlinking to the Site from any other website without our initial and ongoing consent; or Acting illegally or maliciously against the business interests or reputation of Wish Alerts, our Merchants or our services.

 

7. What Can be Sold on Wish Alerts

Wish Alerts is a unique global marketplace. Everything listed for sale on Wish Alerts must be a good or service that matches pre-set categories and sub-categories. You are using your own photographs-- not stock photos, artistic renderings, or photos used by other Merchants or sites. If you are selling Custom Items, you agree that: All custom item listings are available for purchase. Each custom listing has a set price. If you are using photographs of previous work with options for customization (like color choices) included in the listing, it is clear in your description that the photos shown are just examples.

 

8. Representing Yourself, and Your Offerings Honestly, and at the Best Possible Value

One of Wish Alerts’ core values is transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.

By selling on Wish Alerts, you agree that you will:

Provide honest, accurate information in your Profile & Merchant Profile should you choose to complete it. Honor your merchant policies should you choose to publish them.  Accurately represent your items in offerings and listing photos.

Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can notify Wish Alerts. Not create duplicate Merchant accounts. Merchants must not offer items or survives for sale at the same price that they offer elsewhere.  Merchant’s using the Wish Alerts’ site, must offer the best possible value, and lower than offered or advertised elsewhere.

 

9. Communicating with Other Wish Alerts Members

Messaging: You can use Wish Alerts Messaging to communicate directly with your buyers or other Wish Alerts members. Messaging is a great way for buyers to ask you questions about an item or an order.

Messaging may not be used for the following activities:

Sending unsolicited advertising or promotions, requests for donations, or spam;

Harassing or abusing another member; Contacting someone after they have explicitly asked you not to; or Interfering with a transaction or the business of another member.

Interference. Interference occurs when a member intentionally interferes with another member’s shop in order to drive away business. Interference is strictly prohibited on Wish Alerts. Examples of interference include: Contacting another member via Wish Alerts Messaging to warn them away from a member, shop, or item

Posting in public areas to demonstrate or discuss a dispute with another member

Purchasing from a Merchant for the sole purpose of leaving a negative review.

Harassment: Any use of Wish Alerts Messaging to harass other members is strictly prohibited. Similarly, Messaging may not be used to support or glorify hatred toward, or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation. If you receive a Message that violates this policy, please contact us right away.

 

10. Emails

You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Wish Alerts-related communications or for Wish Alerts-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any Wish Alerts member to your email or physical mailing list or store or misuse any payment information.

 

11. Building a Positive Reputation Through our Reviews System

Reviews are a great way for you to build a reputation on Wish Alerts. Buyers can leave a review including a one to five-star rating and a photograph of their purchase.  On the rare occasion, you receive an unfavorable review, you can reach out to the buyer or leave a response.

Reviews and your response to reviews may not: Contain private information;

Contain obscene, racist, or harassing language or imagery; Contain medical drug claims; Contain advertising or spam; Be about things outside the Merchant’s control, such as a shipping carrier, Wish Alerts or a third party; or Undermine the integrity of the Reviews system.

 

12. Extortion

Extortion is not allowed on Wish Alerts. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on Wish Alerts. Extortion includes when a Merchant offers a buyer additional goods, services, or compensation in exchange for a positive review. 

 

13. Shilling

Shilling is strictly prohibited on Wish Alerts. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a Merchant look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer. 

 

14. Providing Great Customer Service

We expect our Merchants to provide a high level of customer service. By selling on Wish Alerts, you agree to:

Honor your shipping and processing times.  Merchants are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.

 

15. Respond to Messages in a timely manner.

Honor the commitments you make in your Merchant Profile Policies

Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our staff can help through our reporting system. If you are unable to complete an order, you must notify the buyer and cancel the order. 

 

16. Responding to Requests for Cancellations, Returns, and Exchanges

Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.

European Union Right of Withdrawal

Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state. 

 

17. Cancellations

If you are unable to complete a transaction, you must notify the buyer via Wish Alerts Messaging and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.

You may cancel a transaction under the following circumstances:

The buyer did not pay. (The Merchant may flag a buyer for a payment not received, chargeback, or canceled payment.) Both you and the buyer agree to cancel the transaction prior to shipment, and you have issued the buyer a full refund. You have decided to refuse service to the buyer, and if the buyer has already paid, you have issued a full refund, including shipping. The buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item.

Both you and the buyer agreed that the buyer could return the item for a refund, you have received the returned item and issued a refund to the buyer for the item. 

 

18. Wish Alerts’ Reporting System

We ask buyers to contact a Merchant directly and attempt to resolve any outstanding issues before opening a case on Wish Alerts. For this reason, it is important that you fill out your merchant policies and regularly respond to Messaging from your buyers. Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within seven days. A Non-Delivery occurs when a buyer places an order and submits payment, but does not receive the item. The following are examples of Non-Delivery cases: An item was never sent.

An item was sent to an address that is not on the Wish Alerts receipt. There is no proof that the item was shipped to the buyer’s address. An item is Not as Described if it is materially different from the your listing description or your photos. The following are examples of Not as Described cases: The item received is a different color, model, version, or size than is shown in the photo or described in the listing. The item has a different design or material.

The item was advertised as authentic but is not authentic. You failed to disclose the fact that an item is damaged or is missing parts. A buyer purchased three items but only received two. The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used. Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met: The item(s) were ordered for a specific date or event. A deadline was agreed upon by the buyer and Merchant. The item(s) are rendered useless after that date.

 

19. What Can't be Sold on Wish Alerts

Prohibited items; services; items that violate intellectual property rights, 

are not allowed to be sold on Wish Alerts.

a. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drug Claims

Alcohol and drugs are prohibited on Wish Alerts. These substances face serious legal restrictions and in many cases, are considered controlled substances under applicable law. Our policy also applies to other substances that have or claim to have an intoxicating or healing effect. Possible legal restrictions aside, these substances simply are not in the spirit of Wish Alerts and we therefore do not allow them.

More Details: The following are examples of items that may not be sold on Wish Alerts:

Alcohol and Tobacco products; E-cigarettes and E-liquid, including all forms of vaporizers and smokeables and their components (such as atomizers, drip tips, and e-cigarette batteries). Drugs and certain intoxicating substances including substances used for recreational and medicinal purposes, regardless of their legality

drug paraphernalia including for example, items with a carburetor; slides and/or items with a slide; bongs and bubblers; and vaporizers (including electronic cigarettes); Medical drugs or listings that contain medical drug claims. Medical Drug claims are statements that claim a causal relationship between a substance and the prevention, healing, or treatment of a physical condition or disease. A listing must not make such claims in the presentation of an item, including the title, description, tags, or images in the listing. Exceptions include; home brew kits; baked goods containing alcohol; tobacco pipes; hookahs; 

b. Animals and Certain Animal Products

Certain animal products are highly regulated and due to the risk of harm to live, companion, or endangered animals, are not in in the spirit of Wish Alerts. More Details: The following are examples of animal products that may not be sold on Wish Alerts: Live Animals. Items derived from or created using any animal species designated as threatened or endangered by the Us Endangered Species Act, including the following animals and all subspecies: Alligator; Bear; Cheetah; Chimpanzee; Chinchilla; Elkhorn and Staghorn Coral; Cougar; Eagle; Elephant; Gorilla; Jaguar; Lemur; Leopard; Lion; Lynx; Monkey; Ocelot; Rhinoceros; Seal; Sea-lion; Tiger; Wallaby; Whale; Zebra

Items made from cat and dog parts or pelts as defined by US Federal Law;

Ivory or bones from ivory-producing animals such as whales or elephants are also prohibited, including tusks, elk ivory, fossilized ivory, and wooly mammoth ivory. Items made from human remains, except for teeth and hair. Exceptions include leather goods; non-ivory animal bones and antlers such as carvings or jewelry made from such items. 

c. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For safety reasons and due to complex legal regulations surrounding certain items, we ask that our members not sell items that could be considered dangerous. More details: Hazardous Materials; Due to the potential harm caused by hazardous materials, as well as complex legal regulations surrounding such materials, including shipping restrictions, hazardous materials are prohibited on Wish Alerts. While not exhaustive, the following materials are examples of prohibited hazardous materials: Explosives (fireworks or sparklers); Flammable items (including liquids or loose matches); Gases; Radioactive material; Toxic substances (such as poisons) Recalled Items or Items that Present Unreasonable Risk of Harm; Items that have been recalled by governments or manufacturers are prohibited from being sold on Wish Alerts. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts, and drop side cribs; Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items. Weapons: Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any tool or instrument that is intended to be used as a weapon to inflict harm on a person. The following items are generally not allowed on Wish Alerts: Guns, knives, or other blatant weapons (even if they are vintage) Imitation weapons that look real or are prohibited by US law. Exceptions include culinary knives; tools; letter openers; harmless toys.

d. Hate Items: Items that Promote, Support, or Glorify Hatred

We want Wish Alerts to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humor feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others. Vintage items can have educational and historical value, but they can also trigger painful memories of tragic events throughout history. More Details: Wish Alerts does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organizations or people with such views.

e. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

We respect the law and expect Wish Alerts sellers to respect the law as well.

More Details: Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on Wish Alerts. Neither are certain items that are subject to complex legal regulations or registration systems. Because Wish Alerts is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions.

Internationally Regulated Items

Our marketplace provides a direct connection between buyers and sellers around the world. That means that when you enter into a transaction across international borders, you are responsible for complying with international trade restrictions, including restrictions put into place by the US Office of Foreign Assets Control (“OFAC”), regardless of your location. More Details: In the United States, the Office of Foreign Assets Control (“OFAC”) at the US Department of the Treasury administers various economic and trade sanctions. These programs prohibit dealing with certain designated persons and targeted countries. Because Wish Alerts is a US-based company, all members who buy and sell on Wish Alerts are subject to these restrictions, even if they live outside the United States. For example, this includes restrictions on: Transactions involving the countries of Cuba, Iran, Sudan and Syria, or involving any individual or organization located in those countries; Transactions involving any item of Cuban or Syrian origin; Transactions involving Cuban nationals; Imports from North Korea; Transactions involving jadeite or rubies from Burma (Myanmar);Any transaction or dealing with an individual or entity specifically identified by OFAC, notably those listed on OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List; Wish Alerts’ policies prohibit our members worldwide from engaging in any transaction that would violate OFAC sanctions. While we attempt to protect our members from unwittingly violating these laws by preventing certain prohibited transactions, it is up to each seller and buyer to ensure that he or she is familiar with—and compliant with—OFAC regulations. Wish Alerts members can consult the OFAC website for complete information about the various sanctions programs administered by the US Department of the Treasury. In addition, Wish Alerts members should be aware that other countries may have their own set of trade restrictions, and that certain items may not be allowed for export or import under foreign laws. You should consult the laws of any foreign jurisdiction when contemplating a transaction involving the shipment of goods overseas. Finally, Wish Alerts members should be aware that third-party payment processors, such as Stripe, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Wish Alerts has no authority or control over the independent decision-making of these providers.

Pornography and Mature Content

We tend to be liberal about what we allow on Wish Alerts, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you understand that there are differing sensibilities around the world and that you try to be respectful. More Details: Pornography of any sort is prohibited on Wish Alerts, whereas mature content is restricted. Although pornography can be difficult to define, an item generally qualifies as pornography when it is a particularly extreme or explicit version of mature content. We define mature content as depictions of male or female genitalia, sexual activity or content, profane language, violent images, and explicit types or representations of taxidermy. Mature content must be properly identified as such.  Not all nudity is considered mature, and examples of non-mature nudity are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.

When deciding whether mature content crosses over the threshold into pornography, we take into consideration how realistically mature image or images are portrayed, and the explicitness of depictions of sexual activity or content.

Violent Items: Items that Promote, Support, or Glorify Violence

We want Wish Alerts to be a safe place for everyone. While violent content can be a legitimate part of historical, educational, or artistic expression, it should never be used to promote or glorify violent acts against others. More Details: We do not allow Items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm or violence towards self or others; Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers Items that attempt to exploit natural disasters or human tragedies; Items that encourage, glorify, or celebrate acts of violence against individuals or groups

Items that encourage self-mutilation, starvation, or other self-harm.

 

20. Wish Alerts Intellectual Property Policy

Wish Alerts adopted this intellectual property policy in accordance with industry best practices, general U.S. intellectual property laws, and the Digital Millennium Copyright Act.

Notices of Intellectual Property Infringement

Wish Alerts strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Wish Alerts removes or disables access in response to a notice, Wish Alerts makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. Wish Alerts may also provide a copy of the notice to the allegedly infringing party.

Counter Notification

If Wish Alerts receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Wish Alerts of this action. Wish Alerts sends a copy of the counter notice to the original complaining party.

Repeat Infringement

Wish Alerts terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Wish Alerts’ discretion.

 

21. Wish Alerts Fees & Payments Policy

Users and Merchants may be charged for using some of Wish Alerts’ services. Users or Merchants may be required to pay the following types of fees:

Account Verification Fee:

To create or claim a Merchant account, a one-time account verification fee of $25 USD will be charged.  This does not apply to Merchant’s whom register during a promotional 90-day trial period where no verification fee will be assessed.

Monthly Membership Fees:

User accounts are free for the first year, and $5 per month thereafter the expiry of the free annual trial period.  (12 months).  Users may pay the fee with accumulated points.  Merchants have a free no obligation 90-day trial period after which they may select a monthly account based upon service package of either $5, $10, or $25.  Users or Merchants may cancel at any time.

Transaction Fees

When you make a sale through Wish Alerts, you will be charged a transaction fee of 2.9% of the item price plus 30 cents. This percentage does not apply to the shipping cost or tax. Transaction fees are split automatically between Stripe, Wish Alerts, and the Wish Alerts’ Merchant when the customer pays.  In the event of a refund or charge back, the respective fees will be reversed in the above ratios.

Advertising Fees

If you purchase an ad (which we call a Promoted Offerings) through Wish Alerts, you will be charged separate advertising fees. Advertising fees vary by opportunity and will be clearly outlined before you commit to purchasing an ad. You will be able to determine a daily advertising budget, and Wish Alerts will not charge you more than your daily budget.

Shipping Fees

The merchant must determine shipping fees between the merchant and the customer directly.  Wish Alerts is not party to, or involved, in shipping.

Digital VAT (Value-Added Tax) Fees

Under European Union law, when you sell a digital item that is downloaded automatically to a buyer living in the EU, VAT (a value-added tax) must also collected based upon the rate that is charged in the country where the buyer is located. Wish Alerts will not automatically increase the amount charged to the buyer of the digital item to collect the correct amount of VAT, and Wish Alerts will not remit the VAT to the tax authorities. The amount will depend on the buyer’s country of residence.  Merchant must charge and pay VAT to respective authority. 

Currency Conversion

All fees are in US Dollars. If you list items in a currency other than US Dollars, your item price will be converted to US Dollars solely for purposes of calculating the transaction fee. To avoid incurring foreign exchange charges, Wish Alerts recommends you list your items in the same currency as your bank account. Buyers will see the items in the currency of their choosing.

Fee Avoidance

Any action by a Merchant to avoid paying a fee is considered fee avoidance and is strictly prohibited by Wish Alerts. This includes, for example, encouraging buyers to purchase an item on your Wish Alerts profile or Suggested Offers through another venue. The price stated in each listing description must be an accurate representation of the sale. Merchants may not charge excessive shipping fees. Merchants may not alter the item's price after a sale for the purpose of avoiding Wish Alerts transaction fees, misrepresent the item’s location, or use another user's account without permission.

Paying for your Wish Alerts Account

Merchants may pay their Wish Alerts bill manually by credit card, debit card, or Stripe. US Merchants may also enroll in Auto Billing, (if offered) Wish Alerts’ automatic bill payment option.

Taxes

Merchants are responsible for collecting and paying any taxes associated with using and making sales through Wish Alerts’ services.

 

22. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF Wish Alerts, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, Wish Alerts HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

 

23. Limitation of Liability

IN NO EVENT SHALL Wish Alerts, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY TO YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES OTHER THAN MERCHANT OFFERINGS PURCHASED OR OBTAINED FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT, WILL Wish Alerts’ LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

24. Electronic Communications

When you use the Site, or send emails to Wish Alerts, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

 

25. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.

 

26. Indemnification/Release

You agree to defend, indemnify and hold harmless Wish Alerts, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any Merchant Offerings or Products purchased by you through the Site or any additional products or services purchased or obtained by you from the Merchant; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Wish Alerts from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.

 

27. Force Majeure

Wish Alerts shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Wish Alerts.

 

28. Assignment

You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Wish Alerts. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Wish Alerts may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

 

29. Entire Agreement

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Privacy Statement and other terms incorporated by reference, constitute the entire agreement and understanding between you and Wish Alerts with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Wish Alerts with respect to such subject matter.

 

30. Choice of Law

Governing Law. The Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.

Arbitration. You and Wish Alerts agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Wish Alerts are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

If you reside in Canada, any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Wish Alerts’ services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles. Wish Alerts and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Delaware; (ii) you and Wish Alerts irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Wish Alerts agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and Wish Alerts agree to waive any right to a trial by jury.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates “Conduct”) of the Terms of Use.

(e) Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

(f) Severability. With the exception of Section posited above, if any part of this Section is ruled to be unenforceable, then the balance of this Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section posited above is ruled to be unenforceable, then applicable Section shall be deemed unenforceable, but the rest shall remain in full effect.

 

31. Additional Disclosures

No waiver by either you or Wish Alerts of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

 

32. You are contracting with Wish Alerts, Inc. Correspondence should be directed to: 

Wish Alerts, Inc., 300 Delaware Avenue, Suite 210-A, Wilmington, DE 19801.