Terms Of Use | WithMe

Below is an overview of our Terms of Service for our “Platform”, which means any website, application, or service we offer. You should read the complete Terms of Service because that document (and not this overview) is our legally binding agreement. The Terms of Service includes information about your legal rights and covers areas such as automatic subscription renewals, limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.

Your Relationship with Withme

By using our Platform, you are agreeing to our Terms of Service. The Terms of Service are a legally binding agreement between you and Withme.
If you break the rules, we may suspend or terminate your account.
We charge for certain aspects of our Platform, and some of these fees are billed on a regular and recurring basis (unless you disable auto-renewal or cancel your subscription).

Withme Organizers and Members

Using our Platform involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others.

Your Content and Content of Others

You are responsible for your “Content”, which means any information, material, or other content posted to our Platform. Your Content must comply with our Terms of Service.
We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect Withme and our Platform for the benefit of you and others.
We are not responsible for Content that members post or the communications that members send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.

Our Platform

We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.
We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.
By using our Platform, you agree to the limitations of liability and release in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service. Unless you are based in the European Union, you agree to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of law. Claims can only be brought individually, and not as part of a class action.
You may be based in a country where the laws that apply provide for different or additional rights and obligations. These Terms of Service will point out areas of difference.

Our Terms of Service contain important information about your legal rights. These summaries are not part of the official terms, and it is important for you to read the language in each section carefully.

1. This Agreement

Summary: You agree to follow some basic rules when using Withme’s Platform. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.

1.1 The Agreement. Withme enables you and other members to arrange offline, real-world events. The terms “Withme,” “we,” “us,” and “our” and our corporate parent, affiliates, or subsidiaries. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. We use the word “Platform” to mean any website, application, or service offered by Withme, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service. Your use of the Platform signifies that you agree to this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.

1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.

2. Your Account and Membership

2.1 Eligibility. Our Platform is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular portion of our Platform may be set by any member who has the ability to moderate or manage that portion of our Platform. For example, the eligibility requirements for a Withme group or Withme event may be set by the organizers of that group.

2.2 Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Withme community, or to protect our brand or Platform. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Please email policy@Withme.com if you believe the modification, suspension, or termination has occurred in error.

A member who has the ability to moderate or manage a particular portion of our Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform.

2.3 Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at abuse@Withme.com.

2.4 License to the Withme Platform and Services. Subject to your compliance with this Agreement, Withme grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you.

3. Fees, Payments, and Offers

3.1 Fees Charged by Withme. Use of some of the features on our Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Platform or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. All payments are non-refundable and non-transferable.

3.2 Payments to Withme. You represent and warrant that you are authorized to use the payment method you designate via the Platform. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to Withme, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to a payment that has already been requested or received, in order to correct errors or mistakes, or to issue refunds, in accordance with our Payment Policies.

4. Your Content and Privacy

Summary: You are responsible for the Content you post on our Platform or send to us. You give us a license to use this Content to operate, improve, promote, and protect Withme and our Platform. Our Privacy Policy explains how we collect and use information you provide about yourself and the information that may be associated with you, and explains the limited ways we may share this information.

4.1 Your Content. You are responsible for the Content that you post to the Platform or otherwise provide to Withme. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. Examples of your Content include:

The material that organizers and members typically post to the Platform, such as information about Withme groups and Withme events, comments, and photos;
All feedback, suggestions, and other communications that you send or direct to Withme.

By being responsible for your Content, you agree, among other things, that:

You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Platform and to Withme;
Your Content does not include personal, private or confidential information belonging to others; and
Your Content does not otherwise violate the rights of any individual or entity.

4.2 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Withme and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Withme a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a member of the Platform.

4.3 Privacy. Withme collects registration and other information about you through our Platform. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as to organizers and other members of Withme’s Platform.

5. Your Use of Our Platform

5.1 Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require that you follow the Usage and Content Policies, Groups and Events Policies, Organizer and Leadership Standards, Member Restrictions, Payment Policies, Trademark Usage Guidelines, and API License Terms. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.

In addition, your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Platform areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Platform area or feature, unless otherwise specified in the Additional Terms.

When the Platform uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services.

If you do not comply, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. Please email policy@Withme.com if you believe the modification, suspension, or termination has occurred in error.

5.2 Content of Others. Withme does not control the Content of other members. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.

5.3 Interactions with Others. Withme is not a party to any offline arrangements made through our Platform. Withme does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. Withme makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.

5.4 Prohibited Uses of the Platform. Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers).

5.5 Platform Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Platform for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Platform or its systems.

You agree to use, retain, and otherwise process personal data collected from the Platform in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in Withme events. Without limitation, you agree to provide notice to individuals about your processing of their personal data, to obtain any necessary consents, and to respond to requests made by individuals as required by applicable law. You also agree to safeguard such data from unauthorized access or processing. You must delete such personal data once it is no longer strictly necessary for the administration of a Withme group or Withme event or promptly following a request from Withme, and you will promptly certify to such deletion.

5.6 Platform Modifications. We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.

5.7 Third Party Sites and Services. The Platform contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform.

6. Warranty Disclaimer and Limitation of Liability

6.1 Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Platform, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.

6.2 Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any Withme Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Withme Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from Withme events, attendance at Withme events, participation in or exclusion from Withme events and the actions of you or others at Withme events, or (d) any other matter relating to the Platform. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 6 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct

7. General Terms

7.1 Translation. This Agreement was written in English. It was then translated into other languages. If there is any inconsistency between the English version and a translated version, the English language version controls.

7.2 Notices. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by email to legal@Withme.com. Any notice to you shall be given to the most current email address in your account.

7.3 Entire Agreement. This Agreement, constitutes the entire agreement between you and Withme, superseding any prior agreements between you and Withme on such subject matter.

7.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Withme is intended or created by this Agreement. A member of the Withme Platform is not Withme's representative or agent, and may not enter into an agreement on Withme’s behalf.

7.5 Governing Law. This Agreement and the relationship between you and Withme shall be governed by the laws of Malaysia without regard to its conflict of laws provisions.

7.6 No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

7.7 Violations. Please report any violations of this Agreement by a member or third party by sending an email to abuse@Withme.com.