These Terms apply to your use of Wispform and any free trial of Wispform. By accessing and registering with Wispform, the person or organisation entering into these Terms as a user of Wispform, together with all individual users accessing Wispform on that person’s behalf (together, “you”) accept and agree to be bound by these Terms. If you do not accept these Terms, you should not use Wispform.
Amendments will be effective immediately when posted on Wispform. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use Wispform, you agree to be bound by the Terms as amended (whether or not you have received any amendments). You can always find the current version of the Terms here wispform.com/terms.
2.1.1. The purpose is to provide information about the activity of the Company and enable the use of the services offered by WISPFORM (“Service” or “Services”), consisting in the creation of different types of online documents or forms (hereinafter referred to as "wispforms") and, where appropriate, the subsequent storage of the same.
2.2.1. By accessing the Services, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the wispforms or its contents.
2.2.2. Some of the above-mentioned Services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as "Specific Conditions".
2.3.1. The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.
3.1.1. To access the full functionality of the Service, you must create an account with which your Registration Data (as defined below) or other information will be associated (a “Wispform Account”). Once the registration form has been filled out, the User must agree to the Privacy Policy and the appropriate Specific Conditions.
3.1.2. The User must activate a username and password in order to fully use and enjoy some of the Services. This identification system shall have the status of electronic signature of the User in every way when dealing with Wispform and the rest of the users of the Services ("Electronic Signature").
3.1.3. The Electronic Signature of each User shall be personal and non-transferable. The User is obliged to inform Wispform of any changes to his or her personal data and is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.
3.1.4. In any case, the User shall be responsible for using the Services properly and safekeeping the Electronic Signature and shall refrain from using the Electronic Signature for illicit purposes or for any purpose that violates these General Terms and Conditions of Use or any Specific Conditions.
3.2.1. By creating a Wispform Account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the Wispform Account you created to access the Service; (v) not allow your Wispform Account to be used by anyone else to access the Service; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.
3.2.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, including organizations or entities, or if Wispform has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, Wispform may suspend or terminate your Wispform Account and refuse to allow you to use the Service at any time. All Registration Data will be stored and used in accordance with the Wispform Privacy Policy.
3.2.3. You hereby consent to the use of your activities on the Service by Wispform to optimize the availability and presentation of Content to you. In the case of a BASIC account, you also hereby consent to share such activities with other users of the Service.
3.3.1. In the case of an account being contested by 2 or more parties, Wispform will determine whom to grant ownership of the account to
3.4.1. The User is the person who creates and conducts wispforms online, and the Respondent is the person who answers those wispforms. To such extent, the User is responsible (1) for informing and notifying the Respondents of any wispforms that are created by User through the Services about how wispform may use the Respondents’ wispform responses and personal data as described in the Terms of Use and Privacy Policy; and (2) for obtaining the consent by Respondents’ for the Terms of Use and Privacy Policy.
3.5.1. We may terminate your Wispform Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability. In the event that your Wispform Account is terminated, we will cease charging you any fees
4.1.1. Wispform reserves at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees (including any overage fees), as described on the Specific Conditions in connection with such Services selected by you. Wispform reserves the right to change its price list and to institute new charges at any time upon notice to you (i.e. on the website and/or by email).
4.1.2 By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.
4.2.1. Failure to pay fees (including any overage fees) when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
5.1.1. you agree not to engage in any of the following prohibited activities: a) Use, display, mirror, or frame the Service, any individual element within the Service, the Wispform name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without Wispform’s express written consent. b) Access the Service by any means other than through interfaces provided by Wispform and as otherwise expressly authorized under these Terms of Service. c) Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers. d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Wispform or any of our providers or any other third party (including another user) to protect the Service. e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service. f) Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Wispform or other generally available third party web browsers or search engines. g) Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation. h) Use any meta tags or other hidden text or metadata utilizing the Service or a Wispform trademark, logo, or URL without Wispform's express written consent. i) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service. j) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your Wispform Account) or your access to or use of the Service. k) Collect or store any personally identifiable information from other persons of the Service without their express permission. l) Stalk or otherwise harass another person or entity. m) Impersonate or misrepresent your affiliation with any person or entity. n) Violate any applicable law or regulation. o) Without limiting any other provision of these Terms of Service, allow any other person or entity to use your Wispform Account. p) Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
6.1. When the User provides personal data to Wispform, either during registration, navigation, when using the Services, making inquiries, requests or simulations through the Website, the Privacy Policy shall apply, which must be previously read and accepted by the User.
7.1. The User accepts that the Services may display content provided by others that is not owned by Wispform. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Wispform is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
7.2. The User acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, Wispform may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. Wispform reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that Wispform has no obligation to monitor or review any content submitted to the Services.
8.1. Wispform may, when applicable, embed Wispform on third-party web pages or platforms, and publish links in its Services to internet websites maintained by third parties. Wispform assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that Wispform supports, promotes, guarantees or recommends the linked websites or platforms.
9.1.1. Free Users: in consideration of the free-of-charge nature of our services, and to the full extent permissible by applicable law, Wispform and it’s parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, partners, licensors, and all owners of the content (collectively, the “Wispform parties”) disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, and fitness for a particular purpose. This disclaimer shall not apply in case of wilful intent, gross negligence or lack of due diligence by Wispform parties.
9.1.2. Paying Users: Wispform parties’ liability in connection to the services shall be limited to a total maximum amount equivalent to fees paid to Wispform in the last 12 months. This disclaimer shall not apply in case of willful intent, gross negligence or lack of due diligence by Wispform parties.
9.1.3. Consumers: If you are a consumer, none of the disclaimers in this section 9.1 nor any of the limitations in section 10 shall apply to you.
9.2. You expressly agree that your use of the service is at your own risk. We reserve the right to restrict or terminate your access to the service or any feature or part thereof at any time if your use of the service breaches any law, or breaches and/or damages any third party or any third party’s rights. Wispform assumes no responsibility for the deletion, mis-delivery, or failure to store or transfer any content or personalization settings if such events are due to causes outside of the reasonable control of Wispform.
9.3. User acknowledges that use of the services relies on features which are not under the reasonable control of Wispform, such as the correct performance of the internet, telecommunication networks, or other systems which are alien to Wispform. In consideration of this, the Wispform parties do not warrant that (i) use of the service or the content will be uninterrupted or error-free, since interruptions or errores may be caused by communication resources which escape Wispform's control; ii) that defects in the service or the content will be corrected, when such defects are caused by third parties; (iii) that the service or contents will be free of viruses or other harmful components, since they might be caused by reasons beyond Wispform parties’ reasonable control; or (iv) that any descriptions of the service or the content are accurate, reliable, current or complete, if not directly provided by Wispform or not directly obtained from sources under Wispform's direct control.
10.1. You understand and agree that the Wispform parties will not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if a Wispform party has been advised of the possibility of such damages), resulting from your use or access of, or inability to use or access, the service or the content. This limitation shall not apply in cases of wilful intent, gross negligence or lack of due diligence by Wispform parties.
11.1. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and Wispform Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
12.1. You agree to indemnify and hold the Wispform Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.
13.1. These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
13.2. If you wish to notify us of any dispute you have with us, you should contact us at [email protected].
13.3. If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.