Terms Of Use
BY USING THE SERVICE, YOU ARE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU MUST NOT ACCESS THE SERVICE.
You must be at least 18 years old to accept these Terms of Use for Service. We, WAY SERVICES LTD ("WAY"), hereby license you to have access to the WAY Services Ltd Service Provider Application, together with any updates or supplements to it, as permitted by and subject to, these Terms of Use.
I. Definitions
1. Account - The Service Provider's login gateway to the Application/System.
2. Agreement - The Terms of Use accepted between WAY Services Ltd and the Service Provider, encompassing the Price List, Privacy Policy, and chosen subscription/promotion terms.
3. Application / System - WAY Services Ltd software and service supported by WAY Services Ltd and distributed under the name "WAY Services Ltd", available on the internet at https://www.yourwayapp.com. The Application is intended for Service Provider(s) and allows for establishing contact between the Customer and the Service Provider for the purpose of advertising, promotion, offering, and booking Services.
4. Booking - a commitment from a Customer, for a particular date and time, to spend money with the Service Provider for requested Services.
5. Customer - a physical person who creates an Account in the Application in order to use the Services offered by Service Provider(s).
6. Customer Application - WAY Services Ltd software and service operated by WAY Services Ltd and distributed under the name "WAY Services Ltd", available on the internet in the WAY Services Ltd.com domain, via mobile applications for iOS and Android software, and via widgets that can be embedded on websites or profiles in Service Provider(s)' social media (Facebook, Instagram). The Customer Application is intended for Customers and is used to reserve Services by Customers in order to accept contracts for the provision of Services by Service Provider(s).
7. Fee or Fees - the amount detailed in the Price List as the sum due to WAY Services Ltd from Service Provider(s) for using the Application.
8. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Protection Regulation data).
9. Service Provider - a natural person, a legal person or entity, or an organizational unit without legal personality who uses the Application under the terms of this Agreement in connection with their business or professional activity and has created an Account in the Application for themselves as an entrepreneur or business, in order to provide Services to Customers.
10. Price List - the document containing the amount of Fees payable by the Service Provider for using the Application.
11. Personal Data Processing Agreement - an agreement pursuant to which the Service Provider, as the data controller, entrusts WAY Services Ltd, as the data processor, with any personal data that the Service Provider will process in the Application under the Agreement. The Personal Data Processing Agreement is an obligatory and integral part of the Terms of Use, and the moment of accepting the Terms of Use during the Registration process is also the moment of concluding the Personal Data Processing Agreement. The Personal Data Processing Agreement constitutes Schedule 1 to these Terms of Use.
12. Privacy Policy - the document available at https://www.yourwayapp.com.
13. Profile - a profile created by the Service Provider in the Application including, among other information: name and address of the Service Provider, contact phone number, email address, employee data including name/nickname, photo; information about the Services offered, including the name of the Service, its description, duration, and price. Each Profile must be exclusive and unique to a single Service Provider and cannot (under any circumstances) be shared between more than one Service Provider.
14. Registration - setting up an Account in the Application or in another way made available by WAY Services Ltd (e.g., via Facebook or Google) consisting of completing and confirming the registration form in accordance with the instructions given. After completing the registration process, the Service Provider will be able to log in to the Application.
15. Reservation - making a booking for the Service by the Customer using the Customer Application, indicating the date and time of the booking at a given Service Provider.
16. Service(s) - services offered through the Application by Service Provider(s), in particular in the field of cosmetics, hairdressing, wellness and SPA, broadly defined preventive medicine and others, respectively described in the catalog available at https://www.yourwayapp.com.
17. Subscription Package - a package of services provided by WAY Services Ltd using the Application under the conditions set out in separate terms and conditions.
18. Trial Period - means a period of up to 30 calendar days, counted from the day of receipt of the Registration confirmation from the Service Provider, during which the newly registered Service Provider may use the WAY Services Ltd services without the need to pay the Fee. During this period, however, the scope of WAY Services Ltd's services is limited in relation to the paid offer covered by the Subscription Package and the WAY Services Ltd Boost Package. After the Trial Period, access to the test Account may be blocked unless the Service Provider enters into a contract as part of a paid offer.
19. User - Service Provider or Customer.
II. Preliminary Provisions. Contact details
1. This Agreement sets out the terms and conditions for the provision of electronic services by WAY Services Ltd via the Application, in particular, the terms of the use of the Application by the Service Provider(s).
2. You can contact WAY Services Ltd by email using the following address: info@yourwayapp.com
III. Types and Scope of WAY Services Ltd Services
1. In return for the Service Provider agreeing to pay the Fees and complying with the terms of this Agreement, WAY Services Ltd grants to the Service Provider a non-exclusive, non-transferable, revocable license for the term of this Agreement and limited to the territory of the United Kingdom & Nigeria, taking into account the extraterritorial nature of the internet, to access the Application and Customer Application, respectively, enabling direct contact between the Service Provider and the Customer to make a Booking ("License"). The above License entitles the Service Provider to temporarily reproduce the Application only by displaying it in a web browser and to reproduce it permanently by installing the Application on a mobile device in order to use it in accordance with its purpose and functionality specified in this Agreement. The Service Provider does not have any other rights, including any intellectual property rights, other than those expressly set out in this Agreement. In particular, the Service Provider is not entitled to any use of the Application's source code. The Service Provider acknowledges that failure to comply with the above obligation may result in the violation of the License and WAY Services Ltd's proprietary copyrights to the Application, and WAY Services Ltd may bring the Service Provider to legal liability in this respect. Through the Application, Service Provider(s) can advertise, promote and offer Services on the internet to Customers and through the Customer Application, Customers can view the Service Provider's offer and make a Booking. Both the Application and the Customer Application are available on the internet in the domain https://www.yourwayapp.com and can be installed on a mobile device with internet access.
2. WAY Services Ltd provides services to Service Provider(s), which include:
a. possibility of creating a Service Provider Account and Profile;
b. the option of using the appointment booking calendar, including managing appointment reservations, Service Provider's staff, and equipment;
c. receiving and sending SMS and email / push notifications;
d. access for Users to the WAY Services Ltd ICT system, including the widget on the Service Provider's Profile posted on Facebook, the widget on the Service Provider's website, the system for issuing reviews, and connection to the mobile application for Customers to make Reservations on the Service Provider's website and process payments for Service Provider Services;
e. providing Customers with the possibility of making payments for Services via the System on the terms set out in Schedule 2 hereto.
3. Under this Agreement, the Service Provider may use the available Subscription Packages or promotions. The terms of providing services as part of Subscription Packages or promotions are set out in separate terms and conditions that are available here.
4. As part of the Application, the Service Provider sets up his Account and Profile, in which he provides his data, including personal data. The data necessary for the provision of services by WAY Services Ltd under this Agreement is the data necessary to set up an Account and Profile, such as: name and address of the Service Provider, contact phone number, email, employee data including name, photo; information about the Services offered, including the name of the Service, its description, duration, and price, as well as information on the necessity to prepay or make a deposit. Additional data, such as photos of the Service Provider's premises and photos of the Services, may be provided by the Service Provider in order to expand the Account and Profile.
5. WAY Services Ltd works with third-party websites, applications, and services (each a "Third-Party Platform,") through whom the Booking services and Mobile Payments may be facilitated. Unless a Service Provider opt-outs by contacting WAY Services Ltd at info@yourwayapp.com, WAY Services Ltd may automatically create a Service Provider profile on such Third-Party Platforms using the information provided by the Service Provider upon the creation of a WAY Services Ltd Service Provider Account and/or Profile, which may include but may not be limited to: business name, address, telephone number, email address, hours of operation, schedule of availability, services offered, price list, reviews, and photographs. By using the Application, the Service Provider hereby grants WAY Services Ltd a license to use and disclose the Service Provider Account and Profile information to such Third-Party Platforms, and the Service Provider warrants that the forgoing information will not infringe the rights of any third party. The use of Third-Party Platforms and accounts thereon is subject to the respective third-party privacy policies and is not covered by the terms of this Agreement.
6. WAY Services Ltd will use its reasonable endeavors to ensure the availability of the Application twenty-four (24) hours a day, seven (7) days a week, subject to Section VIII paragraphs 7 and 8 below.
7. WAY Services Ltd is never a party to contracts accepted between the Service Provider and the Customer, in particular in connection with the Customer's Booking of a Service, and WAY Services Ltd does not bear any responsibility for payment for any Services by the Customer or for the performance of any Services by the Service Provider.
IV. Conditions for accepting and terminating this Agreement
1. The conclusion of the Agreement between WAY Services Ltd and the Service Provider shall occur upon the acceptance of the content of the Terms of Use (including Schedule 1 - Personal Data Processing Agreement), the Price List, and any other binding documents (e.g., the terms of promotion, Subscription Package).
2. As part of the activation process, the Service Provider must create an Account, the data which is necessary to create the Account are highlighted and marked.
3. This Agreement is valid for an indefinite period of time; however, the conditions set out in the promotions selected by the Service Provider or Subscription Package may vary and will be defined in the terms of the specific promotion.
4. The Service Provider has the right to terminate the use of any of the WAY Services Ltd services at any time by providing WAY Services Ltd with not less than thirty (30)days written notice. Such notice must be sent to info@yourwayapp.com and is only valid upon receipt of an acknowledgment from WAY Services Ltd.
5. The Service Provider's right to terminate this Agreement does not exclude the Service Provider's obligations under this Agreement, in particular, to pay the Fees due to WAY Services Ltd during the period of the promotion or the Subscription Package chosen by the Service Provider.
6. Please be advised that termination or cancellation of a Service Provider Account with WAY Services Ltd may not automatically terminate or cancel or cause to be deleted a Service Provider account on a Third-Party Platform. To terminate or cancel such accounts, Service Provider(s) must contact the respective Third-Party Platform directly.
7. WAY Services Ltd may terminate this Agreement with immediate effect in the following cases:
a. delays in payment of the Fees by more than 28 days,
b. another significant breach by the Service Provider of the provisions of this Agreement, which includes the Price List, Privacy Policy, and any promotion regulations or packages,
c. when it is found that the Services are provided by the Service Provider in an unlawful manner, in particular in a situation where the Services are illegal or are provided without the necessary permits, applications, or registrations required by law,
d. when the declared or actual subject matter of the Service Provider's Services may lead to WAY Services Ltd's violation of the law or, in the opinion of WAY Services Ltd, damage WAY Services Ltd's reputation,
e. in the event of termination of the Personal Data Processing Agreement.
8. The terms of the promotion or Subscription Package chosen by the Service Provider may specify specific rules for terminating this Agreement.
9. Where the Service Provider has been offered a Trial Period, the newly registered Service Provider may use the WAY Services Ltd services free of charge for the duration of the Trial Period only. During this period, however, the scope of WAY Services Ltd's services is limited in relation to the paid offer covered by the Subscription. At the end of the Trial Period, access to the WAY Services Ltd service may be blocked unless the Service Provider enters into a contract as part of a paid offer.
V. Detailed conditions for the provision of Services under the Application
1. The Service Provider will gain access to the functionality and content of the Application upon acceptance of the terms of this Agreement and successful Registration.
2. The Service Provider is obliged to provide complete and truthful personal data and other data required during Registration, and the Service Provider agrees to check and update such data regularly, without any prompts or requests from WAY Services Ltd. The Service Provider acknowledges that such data may include credit checks, anti-fraud checks, and any other checks permitted under regulation or legislation, such as the Money Laundering & Terrorist Financing (Amendment) Regulations 2019 and the Criminal Finances Act 2017, as requested by the WAY Services Ltd payment gateway provider.
3. WAY Services Ltd hereby grants the Service Provider a non-exclusive, non-transferable, revocable license to use the Application for the duration of this Agreement, limited to the territory of the United Kingdom & Republic of Ireland, taking into account the extraterritorial nature of the internet. This license entitles the Service Provider only to temporarily reproduce the Application by displaying it in a web browser and to reproduce it permanently by installing the Application on a mobile device in order to use it in accordance with its purpose and functionality specified in this Agreement. Service Provider(s) do not have any other rights, including any rights to the WAY Services Ltd intellectual property, other than those expressly set out in this Agreement. In particular, the Service Provider is not entitled to any use of the Application's source code. The Service Provider acknowledges that failure to comply with the above obligation may result in the violation of WAY Services Ltd's proprietary copyrights to the Application and may bring the Service Provider to legal liability in this respect.
4. Creating a Service Provider Account in the Application by the Service Provider is essential to:
a. accepting the terms of this Agreement which includes the Price List, Privacy Policy, Schedule 1 - Personal Data Processing Agreement, and any terms and conditions specific to a selected package or promotion;
b. submitting a statement that the data provided in the Account creation form is current and truthful;
c. WAY Services Ltd's authorization to process the Service Provider's personal data saved on the Service Provider's Account in order to provide services as part of the Application and for diagnostic and statistical purposes.
5. The Service Provider agrees to receive system messages to the email address provided in the registration form, including notifications about new messages in the Application, notifications about new content published in the Application, technical breaks in the operation of the Application, changes to this Agreement, and any other notices related to the use of the Application.
6. The Service Provider further agrees:
a. to the fact that Customers will contact them directly using the email address or phone number provided by the Service Provider in the Registration process; and
b. that the data provided by the Service Provider, including personal data and information, as well as photos shared in the Application and Profile, will be available to other Users, as well as to all internet users.
c. that WAY Services Ltd can use the email address mail indicated on the registration form to send the Service Provider messages with notifications about changes in the Application, in particular about technical breaks in the operation of the Application, changes in this Agreement, new content published in the Application and notifications about new messages and events in the Application.
7. The Service Provider undertakes and warrants that:
a. the person activating the WAY Services Ltd service and Application is authorized to do so;
b. it is authorized to enter data into the Application, Account, or Profile and that such action does not infringe upon the rights of any third parties;
c. all information and data provided in the Application, Account, and Profile will be true and accurate.
8. The Service Provider agrees that each Profile is exclusive and unique to a single Service Provider and that creating a joint Profile with another Service Provider is strictly prohibited.
9. The Service Provider may place its logo on its Profile. Upon placing the logo, the Service Provider grants WAY Services Ltd a license to disseminate and publicly disclose this logo, and if the logo is a registered trademark, the Service Provider also agrees for WAY Services Ltd to use the trademark to the extent necessary for the provision of services by WAY Services Ltd.
10. Upon posting any content in the Application, in particular photos, graphics, or texts ("Content"), the Service Provider grants WAY Services Ltd a non-exclusive, royalty-free license to use the Content in the following ways, known at the time of granting the license:
a. for the recording and reproduction of Content - production of copies of the Content using a specific technique, including digital technique, magnetic recording, and printing and reprographic technique;
b. in the scope of trading the original or copies on which the Content has been recorded - placing on the market the original or copies of the Content;
c. in the scope of distributing the Content in a way other than specified in point b. above - public performance, exhibition, display, playback, broadcasting, and rebroadcasting, as well as making the Content available to the public in such a way that everyone can have access to it at the place and time of their choice, including sharing the Content on the internet,
and undertakes to comply with the scope of the abovementioned licenses, the use of the Content covered by it will not infringe any third-party copyright, including personal copyrights, in particular as regards the right to mark the Content with the author's name.
11. The scope of the license indicated in paragraph 10 above includes WAY Services Ltd's rights:
a. to use the Content as part of the Application - i) to ensure the functioning, promotion, and advertising of the Application and Content contained in the Application by third parties and to inform about the activities of the Service Provider(s) and the functioning of the Application and ii) after the Service Provider's resignation from using the services provided by WAY Services Ltd;
b. to use the Content provided by the Service Provider in the Application without territorial restrictions;
c. to grant further licenses for the use of Content within the limits of the license held.
12. If the Service Provider has included in the Application, Content containing the image of a third party, the Service Provider declares and guarantees that he has the authorization of that person to use his/her image, and placing the Content in the Application, granting the License to WAY Services Ltd in accordance with Section III clause 1, and the use of Content by WAY Services Ltd under the terms of the License will not in any way infringe the rights of that person.
13. The Service Provider hereby indemnifies WAY Services Ltd and accepts full liability for any and all damages and costs incurred and/or suffered by WAY Services Ltd in connection with the Content published by the Service Provider.
14. The Service Provider is liable for his own actions and omissions and for the actions and omissions of any employees, affiliates, associates, or third parties engaged by the Service Provider in respect of this Agreement.
15. In addition, the Service Provider undertakes to:
a. enable WAY Services Ltd to verify the Content of the Application and Accounts and Profiles in terms of their authenticity and compliance with this Agreement, in particular by providing a current phone number and providing additional explanations;
b. not use any content owned by WAY Services Ltd for purposes other than the correct use of the Application;
c. not use any content of other Service Provider(s) or Customers without their express written consent;
d. not place any Content in the Application, Account, or Service Provider's Profile that violates the law, is defamatory, libelous, untrue, threatening, abusive, inaccurate, discriminatory, blasphemous, gratuitous, pornographic, promotes criminal activity, in breach of official secrets legislation, offensive or otherwise objectionable or contrary to decency or violating the rights of third parties (including personal rights), or principles of fair competition;
e. use the Application only in a manner consistent with its purpose;
f. not copy, modify, distribute or reproduce all or part of the Application;
g. not advertise products whose advertising is prohibited or subject to restrictions in accordance with applicable law, and advertisements for products whose marketing is prohibited in accordance with applicable regulations, including but not limited to the advertising of alcohol, tobacco, medicinal products, narcotics, weapons;
h. not give third parties access to the Application except for employees and associates authorized by them - only the Service Provider is responsible for the confidentiality and security of his Account, including keeping secret passwords and login;
i. inform WAY Services Ltd immediately of any unlawful use of his Account by third parties;
j. inform WAY Services Ltd immediately if third parties pursue their claims in connection with a violation of the law by the Service Provider using the Application.
16. In the unlikely event that the Service Provider experiences irregularities in the operation of the Application, these should be reported to WAY Services Ltd via email to info@yourwayapp.com for review and investigation.
VI. Reservation, confirmation and cancellation
2. The automatic booking confirmation mode is set as a default; however, the Service Provider can change this from automatic to manual in the Profile settings. By changing the confirmation mode from automatic to manual, the Service Provider undertakes to confirm the Booking within 24 hours of receiving the Reservation request. Failure to meet this deadline by the Service Provider means that the Booking has an unconfirmed status, so the Service does not have to be carried out by the Service Provider, and the Customer can cancel it without consequence. The Service Provider shall be solely responsible for the implementation of Services for the Customers after making the Booking and confirming it, while the generally applicable laws shall apply.
3. The conditions on which the Booking is made may be specified by the Service Provider in the information made available to the Customer in the Application before making the Booking. The content of this information and generally applicable provisions, in particular provisions on consumer rights, determine whether, what type and content the contract is accepted between the Service Provider and the Customer.
4. The Service Provider(s) terms and conditions of Booking, referred to in paragraph 3 above, may make the Booking subject to payment by the Customer of a deposit or prepayment. Any and all information about any possible obligation and its specific terms and conditions must be clearly disclosed to Customers in the Application before they make the Booking.
5. The payment of a deposit is intended to protect against the Customer's absence or cancellation of the Booking after the deadline specified by the Service Provider and requires the Customer to "connect" the payment card to the Application. The amount of the deposit is charged to the Customer's account (either automatically or manually, depending on the selected set-up) and is retained by the Service Provider if the Customer cancels the Booking after the deadline specified by the Service Provider or does not appear at the Service Provider on the reserved date.
6. Where a prepayment is required to be paid in advance by the Customer and the Customer fails to make such a prepayment, the Booking will not be made.
7. The Service Provider(s) terms and conditions of Booking, referred to in paragraph 3 above, should specify at least:
b. the conditions for downloading it from the Customer's account, including the maximum deadline for canceling the Booking without consequences in the form of collecting a deposit (the default deadline is three days before the Booking date);
c. conditions of retaining any prepayment by the Service Provider, including determining the maximum deadline for canceling the Booking without the consequence of retaining the prepayment (the default period is three days before the Booking date), unless the prepayment will not be retained by the Service Provider in the event of cancellation of the Booking or failure to appear within the reserved period.
9. The Service Provider(s) terms and conditions of Booking, referred to in paragraph 3 above, including those concerning deposits, prepayments, and cancellations, do not exclude or limit the Customer's rights as a consumer under the generally applicable provisions, in particular the right to withdraw from a distance selling contract.
VII. Fees
2. Failure to pay the Fee within 7 days of the first payment attempt by WAY Services Ltd will result in the suspension of the use of WAY Services Ltd services as part of the Application, and a block will be put on the Service Provider's Account. The services will be resumed, and the account will be unblocked within 12 hours on the next business day (Monday-Friday, from 9:00 am to 5:30 pm, excluding public holidays) after WAY Services Ltd is in receipt of full payment.
3. If the Service Provider activates the card payment option (as per Section XI), the Service Provider accepts that the Customer payments received by the Service Provider will be reduced as detailed in Section XI paragraph 6 below.
VIII. WAY Services Ltd's rights and responsibility
2. If WAY Services Ltd raises any doubts with respect to compliance with this Agreement by the Service Provider or receives an official notification or receives reliable information about the unlawful nature of any Content published by the Service Provider in the Application or the unlawful behavior of the Service Provider in connection with the Application, WAY Services Ltd reserves the right to take the following actions:
b. request the Service Provider to immediately submit to WAY Services Ltd its position and any evidence of the legality of the Service Provider's operation in the Application / Profile;
c. refuse to post any Content in the Application / Profile, immediately blocking access to the Content contained in the Application / Profile, and/or deleting Content from the Application / Profile;
d. block the Service Provider Account.
3. WAY Services Ltd reserves the right to exercise the rights referred to in paragraph 2 above at its own discretion.
4. Except in urgent cases, WAY Services Ltd will notify the Service Provider via email or via the Application of its intention to carry out one or more of the activities detailed in paragraph 2 above.
5. In the event of any claims being made to WAY Services Ltd or a request to disclose Service Provider's data by authorized bodies or by an entity intending to pursue claims, WAY Services Ltd is entitled to familiarize itself with the facts and to possibly secure and forward the Service Provider's data and other information contained in the Application, as necessary for the implementation and processing of any claims or requests.
6. The total liability of WAY Services Ltd under this Agreement for failure to comply with the terms of this Agreement or failure to use reasonable care and skill is limited in the aggregate to the amount representing the sum of WAY Services Ltd's remuneration received from the Service Provider within three months before the date of the damage. WAY Services Ltd will not, however, be liable for any loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill. Nor will WAY Services Ltd be liable for any loss or corruption of any data, database, or software, or for any special, indirect or consequential loss or damage.
7. WAY Services Ltd does not bear any responsibility towards Users related to the Service, including payment by the Customer for the Service. In addition, WAY Services Ltd is not liable to Service Provider(s) for:
b. functioning of ICT systems and telecommunications networks when making payments via the Application;
c. problems or technical difficulties on the part of the Service Provider related to the operation of computer or telecommunications equipment that impede or prevent the use of the Application or services offered through it;
d. problems or technical difficulties on the part of the Service Provider related to the operation of computer or telecommunications equipment that impede or prevent the use of the Application or services offered through it;
e. damages caused by Users in connection with the operation of the Application or their activities in it, including those related to the violation of any laws, the unauthorized use of data made available through the Application, providing false and incomplete data, and outdated information or failure to update it;
f. damages caused by Users through violation of the rights of third parties, as well as damages caused by the actions of third parties;
g. damages caused by Users in connection with their improper performance or non-performance of contracts accepted via the Application;
h. damages incurred by Service Provider(s) in connection with blocking or deleting an Account from the Application;
i. the content of opinions published by Customers in the Customer Application.
9. If this Agreement is terminated for any reason, the Service Provider's Account and all related data and information will be permanently blocked, and any License granted under this Agreement will cease with immediate effect. WAY Services Ltd will notify the Service Provider in the event of termination and/or permanent blocking of the Account. In the event of termination of this Agreement by WAY Services Ltd and permanent blocking of the Account, the Service Provider shall not be entitled to any claims related to WAY Services Ltd. At the Service Provider's request, WAY Services Ltd will provide them with the Service Provider's data and information stored by them in the Application within 3 months of the termination of this Agreement. After this date, any and all data will be deleted.
10. WAY Services Ltd is not responsible for any stored data or related activities, and WAY Services Ltd does not review or check such data or activities and, as such, cannot be aware if the stored data contains information of an unlawful nature. In the event that WAY Services Ltd receives an official notification or reliable information about the unlawful nature of the stored data or related activities, WAY Services Ltd reserves the right to immediately prevent access to such data. WAY Services Ltd shall not be liable to the Service Provider for any damages resulting from preventing access to such data.
IX. Complaints
2. Complaints will be considered within 30 days of their receipt. In complicated cases or when the complaint cannot be resolved within the above deadline for reasons not attributable to WAY Services Ltd, WAY Services Ltd reserves the right to extend the deadline for examining the complaint to a maximum of 8 weeks.
3. WAY Services Ltd's decision on the complaint will be final and will be sent to the email address indicated in this Agreement or relevant Registration as applicable.
X. Technical requirements
2. Requirements that mobile devices must meet: Android operating system not older than version 4.00 or iOS (Apple) operating system not older than version 8.0.
3. Requirements that must be met by computers (laptops, PCs): the ability to run the Chrome web browser in the latest version available and access to the internet.
4. WAY Services Ltd uses cookies, which enable the collection of information related to the use of the Application. Cookies are text files that are saved on the hard disk in the computers of persons visiting the Application in order to save information and data on the use of the Application in them. Failure to enable cookies may result in irregularities or difficulties in the operation of the Application.
5. Most used web browsers (e.g., Firefox, Google Chrome, or Internet Explorer) contain the option of rejecting the command to store cookies. The user can independently set the browser to be able to reject requests for storing cookies at all or only selected cookies.
6. Particular threats related to the Users' use of the Application include providing login data to unauthorized persons who may intentionally change the configuration of the Service Provider Profile. This applies in particular to essential elements of the Profile, such as the types of Services offered, price lists, photos, and other information about the Service Provider. Therefore, it is recommended to keep secret system passwords, as well as separately configure access to the Application for the Service Provider's employees.
XI. Making Mobile Payments
2. The services of the payment gateway provider are completely separate from WAY Services Ltd and do not form part of this Agreement. WAY Services Ltd does not collect or store any payment card data. WAY Services Ltd does not directly support payment transactions and is not a payment service provider or payment institution within the meaning of the Mobile Payments Regulations 2017, SI 2017/752.
3. Payments made by credit or debit card, by the Customer to the Service Provider for the Service rendered are settled by: the EU payment institution Adyen B.V. based in Amsterdam, the Netherlands, in accordance with the regulations available at https://www.paystack.com/terms;
4. Payment Card Information. In order to use Mobile Payments, Customers must provide account information for at least one valid debit or credit card through the WAY Services Ltd Application. WAY Services Ltd uses this account information as described in our Privacy Policy. You may add, delete, and edit the debit or credit card account information you have provided from time to time through the WAY Services Ltd Application. If you provide account information for more than one valid debit or credit card, you must select which debit or credit card you want to use to pay your bill.
5. To confirm that the payment card information you have provided is accurate, we may place a temporary ₦ 1.00 authorization hold on your debit or credit card at the time you provide your payment card information through the WAY Services Ltd Application. After we verify that your payment card information is accurate, usually within a few days, the ₦ 1.00 hold will be removed. In no event will your payment card actually be charged for this ₦ 1.00 authorization.
6. By providing debit or credit card account information through the WAY Services Ltd Application, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the WAY Services Ltd Application, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account. By using Booking Services, you acknowledge and accept the binding agreement to bear full financial responsibility for all Booking Services that you schedule using WAY Services Ltd or information contained on WAY Services Ltd.
7. When you indicate through the WAY Services Ltd Application that you intend to pay your bill using the Mobile Payments, you authorize WAY Services Ltd or the payment service provider to charge your debit or credit card for the full amount of the services to be rendered and any cancellation fees that you may incur at any time prior to or after the appointment time and date. You are responsible for the timely payment of all amounts owed by you to WAY Services Ltd and Service Provider(s).
8. All the receipts for the transactions connected with the Mobile Payments are visible in your Account in the WAY Services Ltd Application and/or WAY Services Ltd Site. If you would like an emailed version or a paper receipt, you must request one from the Service Provider at the time of the transaction or service.
9. WAY Services Ltd is not liable for any payments that the Mobile Payments do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Mobile Payments, you are solely responsible for paying the applicable Service Provider(s) by other means, such as cash, as required for the full value of the services scheduled and/or delivered.
XII. Mobile Payments - Service Provider(s) Terms of Use
2. If a Customer is not the authorized user of the payment method or otherwise contests the transaction, the amount of a transaction may be reversed or charged back provided that the transaction: (a) is disputed, (b) is reversed for any reason by the payment network, WAY Services Ltd's payment gateway provider, or the Customer or its financial institution, (c) was not authorized or WAY Services Ltd has any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of these Terms. For any transaction that results in a chargeback, WAY Services Ltd will withhold the chargeback amount in reserve from the amounts payable to Service Provider. We may recoup the amount of any chargeback and any associated fees and fines assessed by a network or our processor. In addition to the forgoing, be advised that WAY Services Ltd may charge a chargeback processing fee. If you have pending chargebacks, we may delay payments, and if we reasonably believe that a chargeback is likely with respect to any transaction, we may withhold the amount of the potential chargeback from payments otherwise due to you until such time that: (a) a chargeback is assessed due to a Customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which your Customer may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur. If we are unable to recover funds related to a chargeback for which you are liable, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys' fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
3. If we believe you might incur, or you are incurring, an excessive number of chargebacks, we may establish additional conditions governing your account, including (a) establishing new processing fees, (b) creating a reserve in an amount reasonably determined by us to cover anticipated chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Mobile Payments.
4. We will assist you, when requested and at your expense, to investigate any of your transactions processed through the Mobile Payments. To that end, you permit us to share information about a chargeback with the Customer, the Customer's financial institution, our payment processor, payment networks, and your financial institution in order to investigate and/or mediate a chargeback. We will request the necessary information from you to contest the chargeback. If the chargeback is contested successfully, we will release the corresponding reserved funds to your account. If a chargeback dispute is not resolved in your favor by the network or issuing bank or you choose not to contest the chargeback, we may recover the chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within seven (7) calendar days of our request, may result in an irreversible chargeback.
5. Where we, in our reasonable opinion, are required to do so by law, we reserve the right to withhold funds for services that we reasonably deem suspicious with regard to money laundering, Unauthorized Business, fraud, or other illegal activities or in case of any other chargebacks or revocations.
6. Once you create your Service Provider Account through the secure form, you will have the opportunity to designate a deposit account into which you wish to be paid out. Once funds for the Mobile Payments have been completed and are settled, they shall be available for withdrawal. Payouts shall be automatically transferred to your account less any fees every business day. It generally takes 2-5 business days.
7. Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed via your Service Provider Account Settings.
8. We are not responsible and accept no liability for any delay in the payout. To inquire about a payout schedule for any particular transaction, please review your Payment Report or contact WAY Services Ltd at info@yourwayapp.com
9. In the event your payout account becomes negative, you agree that we have the right to offset any incoming payments against the negative balance. Should you fail to bring your account to positive, we may block you from accepting further payments and institute legal proceedings for collection.
10. You agree to provide current, complete, and accurate deposit account information for payout. You agree to promptly update your Service Provider Account and other information, including your address, email address, and bank account information so that we can complete your transactions and contact you as needed.
11. We will attempt to fix the processing errors we discover. If the error resulted in your receipt of fewer funds than you were entitled to, we will credit your Service Provider Account for the difference. If the error results in your receipt of more funds than you were entitled to, WAY Services Ltd will debit the extra funds from your Service Provider Account or your linked bank account. You shall remit to WAY Services Ltd the difference within thirty (30) calendar days of the demand. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) calendar days of when it first appears on your electronic transaction history may be deemed a waiver of any right to amounts owed to you.
12. By accepting card transactions through Mobile Payments, you agree to process returns of and provide refunds and adjustments for your goods or services in accordance with these Terms. You are obliged to disclose your refund or cancellation policy to Customers at the time of purchase and/or booking, as applicable, and can refund transactions up to thirty (30) calendar days following the date of said transaction. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Customer for postage that the Customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the Customer, you may still receive a chargeback relating to such sales.
13. WAY Services Ltd will automatically process refunds on your behalf from your available balance or deposit amount and shall not be liable for refunds made in error or in violation of your own policies. If your available balance or deposit amount is insufficient to cover the refund, WAY Services Ltd will withdraw the requested refund amount and credit it back to your customer. Further refunds may be accepted but will only be processed once your account shows a positive balance. For every refund, WAY Services Ltd may charge a refund processing fee.
14. WAY Services Ltd has no obligation to accept any returns of any of your goods or services on your behalf pursuant to the applicable Network Rules (as defined below.) By using Mobile Payments, you agree to comply with all applicable bylaws, rules, and regulations set forth by the payment processing networks and Paystack ("Network Rules"). The payment processing networks amend their rules and regulations from time to time. WAY Services Ltd may be required to change these terms in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at https://visa.com and https://www.mastercard.com. In the event of inconsistency between a Network Rule and these terms, and except as otherwise agreed between WAY Services Ltd and the payment processing networks, the Network Rules shall apply.
15. We are entitled to set off any and all claims against amounts payable to WAY Services Ltd by Service Provider. In addition, to the maximum extent provided by law, we may collect any and all obligations due and owing by you to us by deducting them from your pending transactions in the deposit account. Fees shall be assessed at the time of transaction processing and will be deducted from the funds received. Your failure to pay all amounts due and owing shall be deemed an immediate breach of this Agreement for which you will be liable. You further agree to pay all fees and costs, including but not limited to attorneys' fees and costs, incurred by or on our behalf arising from or related to the collection of any unpaid obligations by you.
16. You are responsible for the calculation, collection, remittance, reporting, and payment of any and all taxes, charges, levies, assessments, and other fees of any kind, incurred, or required to be paid, or withheld for any reason in relation to your use of the Mobile Payments.
XIII. Personal Data Privacy
By using the Application, the Service Provider agrees that WAY Services Ltd may collect and use their personal data and the personal data of its customers. WAY Services Ltd shall use the personal data collected through the Application only as described in the Personal Data Processing Agreement (Schedule 1) and in accordance with the GDPR.
XIV. Final Provisions
2. The new terms and conditions shall take effect from the date of publication on the website. If the Service Provider does not accept any of the changes, it must delete its Account within 7 days of notice of the change and cease using the Application. Continued use of the Application will be deemed to be acceptance of the new terms and conditions.
3. WAY Services Ltd may, from time to time, offer you additional products and services for purchase, such as additional text messages, payment processing hardware and technical support, and lead generation. Such additional products and services shall be subject to additional service fees, which shall be set out at the point of sale and subject to change in WAY Services Ltd's sole and exclusive discretion as set forth in a separate agreement between WAY Services Ltd (or a WAY Services Ltd affiliate) and the Customer. In the event that such additional services include lead generation for Service Provider(s), Service Provider agrees and acknowledges that it will be responsible for the payment of a commission to WAY Services Ltd for first-time Customers who utilize the Booking Services. In such an event, WAY Services Ltd and Service Provider shall agree in good faith on a set number of leads generated, with WAY Services Ltd retaining ultimate authority to determine the same.
4. This Agreement shall be construed in accordance with the laws of England and Wales, and the parties agree to submit to the exclusive jurisdiction of the English courts.
Schedule 1 to the WAY Services Ltd Service Provider Application Terms of Use
Personal Data Processing Agreement
1. DEFINITIONS
2. Other than as indicated in section 1 above, terms used in the Personal Data Processing Agreement shall have the following meanings:
b. Personal Data – means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular, by reference to an identifier such as a full name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
c. Data Processor – an entity that processes Personal Data on behalf of the Controller.
d. GDPR – the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
2. SUBJECT MATTER OF THE PERSONAL DATA PROCESSING AGREEMENT
3. SCOPE OF ENTRUSTMENT
2. The Personal Data referred to in section 1 above shall, in particular, include the following:
b. other than as set out in (i) above, Personal Data arising from the specificity of the WAY Services Ltd Services to be used by the Service Provider under the Agreement, in particular, Personal Data relating to the Customer's booking history of Service Provider Services and their activity in the Application in relation to the Service Provider, including:
b. Customer Personal Data made available to the Service Provider by WAY Services Ltd under the Agreement in connection with the Customer's booking of a Service Provider Service via the Application;
c. Customer Data entered by the Service Provider into the Application in connection with the use of its functionalities, including the data of Customers who have entered into agreements with the Service Provider outside the Application.
b. and if the necessity of entrusting them to WAY Services Ltd by the Service Provider results from the specificity of the Service Provider Services provided to Customers.
4. PURPOSE, NATURE, AND DURATION OF THE ENTRUSTMENT OF PERSONAL DATA PROCESSING
b. contacting Customers for the purpose of arranging or performing Service Provider Services by the Service Provider;
c. maintaining a calendar of visits by the Service Provider;
c. direct marketing of Service Provider Services;
d. profiling/grouping;
e. researching Customer preferences regarding the demand for Service Provider Services (e.g., via telephone, text message, or email surveys);
f. performing binding legal obligations by the Service Provider;
g. compiling reports, analyses, and statistics for WAY Services Ltd's internal purposes.
3. WAY Services Ltd shall process the Personal Data entrusted to WAY Services Ltd for processing by the Service Provider in a fully or partially automated manner, electronically via WAY Services Ltd's IT systems, including the Application, and in a traditional form, i.e., on paper.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
2. The Parties agree that if the Service Provider is obliged to fulfill the information obligation, as set out in Articles 13 and 14 of the GDPR, towards the Customers, this obligation shall be carried out in accordance with the following provisions:
b. if Customer Personal Data is entered into the Application by the Service Provider, the Service Provider shall alone comply with the information obligation towards Customers.
b. if Customer Personal Data is entered into the Application by the Service Provider, the Service Provider shall independently collect the consent referred to in item (a) above from the Customer.
5. Taking into account the nature of the processing of Personal Data entrusted to WAY Services Ltd by the Service Provider and the information available to WAY Services Ltd, WAY Services Ltd warrants to assist the Service Provider in complying with the obligations set out in Articles 32 to 36 of the GDPR.
6. WAY Services Ltd is obliged to assist the Service Provider in fulfilling their obligation to exercise the right to erase the Personal Data of the data subject if the aforementioned person makes such a request to WAY Services Ltd. In particular, if the data subject requests that WAY Services Ltd deletes the Personal Data entrusted to WAY Services Ltd for processing by the Service Provider, WAY Services Ltd is entitled, after informing the Service Provider within 7 days of the request of the data subject, to delete their Personal Data processed by WAY Services Ltd from all carriers, programs, and applications, including the Application.
7. WAY Services Ltd is obliged to assist the Service Provider in fulfilling their obligation to exercise the right to withdraw the consent for the Service Provider to provide the Customer with commercial information, as referred to in section 5(3) above, in the event that WAY Services Ltd is requested to do so by the aforementioned person. In particular, if the data subject submits to WAY Services Ltd a request for the withdrawal of consent for the Service Provider to provide the Customer with commercial information, as referred to in Article 5(3) above, WAY Services Ltd is entitled, after informing the Service Provider within 7 days of the request submitted by the data subject, to comply with the aforementioned request of the data subject.
8. WAY Services Ltd is entitled, after informing the Service Provider in advance, to transfer Personal Data entrusted by the Service Provider for processing outside the European Economic Area if they comply with the detailed requirements set out in Chapter V of the GDPR "Transfers of personal data to third countries or international organizations" and, in particular, ensure that the transfer of Personal Data takes place on the basis of appropriate legal mechanisms, in particular, Commission Implementing Decisions, standard clauses or other similar legal instruments provided for in the GDPR.
9. The Service Provider shall inform WAY Services Ltd immediately, but no later than within 5 days of becoming aware of any proceedings, in particular, administrative or judicial, regarding the processing of Personal Data entrusted for processing under the Personal Data Processing Agreement, of any administrative decision or any ruling regarding the processing of such Personal Data, as well as of any planned or ongoing checks and inspections regarding the processing of Personal Data entrusted for processing under the Personal Data Processing Agreement.
6. AUDIT
2. The Service Provider's right to an audit referred to in section 1 above may only be exercised during WAY Services Ltd's business hours, i.e., Monday to Friday between 9 am and 5 pm, excluding public holidays, and may not interfere with WAY Services Ltd's operation. Furthermore, the performance of an audit by the Service Provider must not lead to the disclosure of WAY Services Ltd's trade secret.
3. The Service Provider is obliged to inform WAY Services Ltd of the planned audit at least fourteen days in advance.
4. All costs associated with the audit shall be borne by the Service Provider.
5. If the Service Provider decides to have the audit carried out by an authorized auditor, WAY Services Ltd has the right to make the audit subject to a non-disclosure agreement with the auditor.
6. If any deficiencies are found during the audits, WAY Services Ltd shall, if possible, rectify them within a period set by the Parties. If the deficiencies identified by the Service Provider are not remedied, WAY Services Ltd shall inform the Service Provider of the reason for the failure to remedy these deficiencies.
7. USE OF OTHER DATA PROCESSORS
2. WAY Services Ltd shall inform the Service Provider of WAY Services Ltd's use of further data processors and of any intended changes regarding the addition or replacement of further data processors, thereby giving the Service Provider the opportunity to object to such changes. WAY Services Ltd shall inform the Service Provider of the aforementioned changes either via the Application or by means of a message addressed to the Service Provider and sent electronically (email).
3. The Service Provider is entitled to object to the changes in writing under pain of nullity within 7 days of receiving information about the aforementioned changes and providing their justification. The Parties assume that the absence of an objection during this period shall imply the Service Provider's consent to the change of the further data processor. The Service Provider shall not object to the aforementioned changes without valid reasons.
4. If the Service Provider objects to a change involving the addition or replacement of further data processors in accordance with sections 2 and 3 above, it may not be possible to process Personal Data for the purposes set out in the Personal Data Processing Agreement. In such a situation, WAY Services Ltd shall be entitled to terminate the Personal Data Processing Agreement without notice, and WAY Services Ltd shall be indemnified from liability for the non-performance or improper performance of the Personal Data Processing Agreement or the Agreement caused by the inability to process Personal Data for the purposes specified in this Personal Data Processing Agreement.
8. TECHNICAL AND ORGANIZATIONAL MEASURES
2. Pursuant to Article 28(3)(c) of the GDPR, WAY Services Ltd shall apply the technical and organizational measures required under Article 32 of the GDPR, i.e., in particular those appropriate to the identified risk of violation of the rights or freedoms of the Personal Data entrusted under the Personal Data Processing Agreement.
3. The Service Provider shall use technical and organizational measures to ensure an adequate level of security of the Customer Personal Data. Such technical and organizational measures include, in particular:
b. an adequate level of security within the IT equipment used in the Application;
c. correct processing, storage, and archiving of documents (including forms) containing Customer Personal Data and of any declarations and consents expressed by Customers.
9. THE PROCEDURE RELATING TO DATA PROTECTION BREACHES & MUTUAL TRANSMISSION OF INFORMATION
2. Information about a breach of the protection of Personal Data entrusted to WAY Services Ltd for processing under the Personal Data Processing Agreement shall include at least:
b. a description of the likely consequences of the Personal Data breach;
c. a description of the measures implemented or suggested for implementation to address the breach, including to minimize its adverse effects.
10. LIABILITY
2. If WAY Services Ltd Services are provided by WAY Services Ltd to the Service Provider for a period shorter than three months preceding the occurrence of the damage, any liability of WAY Services Ltd for the non-performance or improper performance of the Personal Data Processing Agreement, including for the provision or use of Personal Data contrary to the Agreement, and WAY Services Ltd's recourse liability to the Service Provider shall be limited to the amount equal to the net remuneration received by WAY Services Ltd from the Service Provider under the Agreement during the period in which WAY Services Ltd provided WAY Services Ltd Services to the Service Provider.
3. The liability referred to in this clause of the Personal Data Processing Agreement shall only cover the direct damage incurred by the Service Provider, i.e., only the losses incurred by the Service Provider, and shall not cover the profits that the Service Provider could have achieved if the damage had not occurred. 4. In the event that WAY Services Ltd and the Service Provider are jointly and severally liable and WAY Services Ltd pays to the authorized entity full compensation related to the processing of Personal Data under the Personal Data Processing Agreement, the Service Provider shall reimburse WAY Services Ltd at WAY Services Ltd's first request the funds equivalent to:
b. the difference between the amount of damages paid by WAY Services Ltd corresponding to the part of the damage for which WAY Services Ltd is liable and the amount indicated in section 1 above, in connection with the limitation of WAY Services Ltd's liability described in this provision.
11. MOMENT OF CONCLUSION, TERM, AND TERMINATION OF THE PERSONAL DATA PROCESSING AGREEMENT
2. The Personal Data Processing Agreement is entered into for the term of the Agreement, i.e., the Personal Data Processing Agreement is terminated without the need for any additional statements as a result of the termination or expiry of the Agreement.
3. WAY Services Ltd may terminate the Personal Data Processing Agreement with immediate effect, without notice, if it is established that the Service Provider processes the Personal Data entrusted to WAY Services Ltd in an unlawful manner, in particular, without the legal basis set out in Article 6(1) of the GDPR or in Article 9 of the GDPR.
4. In the event that WAY Services Ltd processes the Personal Data entrusted to WAY Services Ltd for processing under the Personal Data Processing Agreement contrary to the Personal Data Processing Agreement, the Service Provider may terminate the Personal Data Processing Agreement with immediate effect, without notice, after the ineffective expiry of an additional term of no less than seven days set by the Service Provider for WAY Services Ltd to cease the violations.
5. The termination referred to in sections 3 and 4 above shall be tantamount to the termination of the Agreement with immediate effect.
6. The termination or cancellation of the Personal Data Processing Agreement shall not relieve the Parties of their obligations to cooperate and provide explanations where such obligations arise under the GDPR.
7. Within three months from the date of termination of the Personal Data Processing Agreement or the receipt of a written request to delete the Personal Data from the Service Provider, WAY Services Ltd shall:
b. irreversibly anonymize the data covered by the erasure request,
8. The Parties unanimously declare that the obligation to delete Personal Data, as indicated in section 6 above, refers exclusively to the Personal Data entrusted to be processed by the Service Provider under the Personal Data Processing Agreement and, in particular, shall not cover situations where WAY Services Ltd, in accordance with the provisions of the Agreement, processes the same Personal Data as a separate Controller. In such a situation, WAY Services Ltd shall cease processing Personal Data for the purposes set out in section 4(1) of the Personal Data Processing Agreement but may process it for the processing purposes it has specified.
2. Any disputes arising from the Personal Data Processing Agreement shall be settled by a court of general jurisdiction having territorial jurisdiction for the registered office of WAY Services Ltd.
3. If any provision of the Personal Data Processing Agreement proves to be invalid or ineffective, this shall not result in the invalidity of the Personal Data Processing Agreement. In such a situation, the Parties shall use their best endeavors to replace the provision deemed invalid or ineffective with a valid and effective provision, showing an intention as close as possible to the original intention of the Parties.