Terms of Service

These Terms of Service ("Terms") govern the website wongaayiti.com (the "Website") operated by Wóngā Āyítí, a DBA entity formed under its parent company, which is incorporated in Florida, United States ("us," "we," "our"). Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including visitors, users and others who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

We offer goods on this Website. The price of these goods is listed on the Website. This price does not include taxes or other fees that you may be charged.

When you make a purchase on the Website, you will be using a third party payment processor that collects your payment information and processes your payment. We are not responsible for the collection, use, sharing or security of your billing information by that processor. Accepted payment methods include American Express, bank transfer, Discover, MasterCard and Visa.

You represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase, and that the information you supply to us and to the third party payment processor is true, correct and complete.

We do not offer you the ability to cancel any purchase you have made of the goods offered on our Website.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will issue a refund of the full purchase price you paid if we cancel your purchase.

We do not offer refunds on any purchases made on this Website.

When you purchase our goods, either we or a third party will ship these goods to you. If a third party is used for shipping, the shipping will be governed by that third party's terms of service and other applicable policies. Please contact us to gain access to the third party's identity and policies. The cost of shipping is calculated and presented to you during checkout.

We or a third party will ship the goods to you within a reasonable time from the date of your purchase.

The items or services displayed or sold on this website are provided "as is." No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

You agree that the remedy for breach of these Terms as it relates to your purchase shall be to pursue dispute resolution as provided in the "Governing law, severability, dispute resolution and venue" section below. This is intended to be your sole and exclusive remedy for any breach of these Terms as it relates to your purchase.

When you create an account on our Website, you guarantee that you are of legal age of consent in your primary place of residence and that the information you provide is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and account. You accept responsibility for all activities that occur under your account or password, whether with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account at any time at our sole discretion. You can terminate your account by contacting us.

To protect your privacy, accounts are removed after 366 days without activity. We will email you a warning at the email address on the account 30 days before removal, and simply signing in keeps the account active. When an account is removed, the personal information saved with it — including the date of birth used to confirm you are 18 or older and the phone number kept with the account — is removed as well. After removal, you are welcome to create a new account using the same email address and phone number.

Each email address and each phone number can be attached to only one account, and the same phone number cannot be used across different accounts. This keeps one verified identity per account and helps protect your privacy. For details on how date-of-birth information is collected, used and protected, see our Privacy policy: date of birth information at wongaayiti.com/book#dob-privacy.

You agree to use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following non-exhaustive list of uses is prohibited:

1. 01Impersonating or attempting to impersonate Wóngā Āyítí or its employees, representatives, subsidiaries or divisions;
2. 02Misrepresenting your identity or affiliation with any person or entity;
3. 03Sending or attempting to send any advertising or promotional material, including spam, junk mail, chain mail or similar material;
4. 04Engaging in any conduct that restricts or inhibits any person's use or enjoyment of the Website, or which may harm us or our users or expose us or other users to liability;
5. 05Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party's use of it;
6. 06Using any robot, spider or similar automatic technology to access or use the Website for any purpose, including monitoring or copying material;
7. 07Using any manual process to monitor or copy material on this Website or for any other unauthorized purpose;
8. 08Using any device, software or routine that interferes with the proper working of the Website, including viruses, trojan horses, worms or logic bombs;
9. 09Attempting to gain unauthorized access to, interfering with, damaging or disrupting any part of the Website, its servers, or any connected server, computer or database;
10. 10Attempting or carrying out a denial-of-service or distributed denial-of-service attack against the Website;
11. 11Otherwise attempting to interfere with the proper working of the Website;
12. 12Using the Website in any way that violates applicable federal, state or local laws, rules or regulations.

This website is provided "as is." No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. Information, products and services may contain errors or inaccuracies, or may not be complete or current. Products or services may be incorrectly priced or unavailable, and we expressly reserve the right to correct any pricing errors. The inclusion or offering of any product or service does not constitute an endorsement or recommendation by us.

In no event shall Wóngā Āyítí be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this website, or with the delay or inability to access, display or use this website, including your reliance upon opinions or information appearing on this website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if Wóngā Āyítí has been advised of the possibility of such damages.

If, despite the limitation above, Wóngā Āyítí is found liable for any loss or damage arising out of or connected with any of the occurrences described above, the liability of Wóngā Āyítí will in no event exceed the service fees you paid to Wóngā Āyítí in connection with such transaction(s) on this website. This limitation of liability reflects the allocation of risk between the parties and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The aggregate liability of Wóngā Āyítí arising out of or relating to this website, whether arising out of breach of contract, tort (including negligence) or otherwise, shall be limited to the amount of fees actually received by Wóngā Āyítí from you.

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or their privacy or other practices. It is your responsibility to take precautions to ensure that whatever links you click on or software you download, whether from this Website or elsewhere, is free of viruses, worms, trojan horses, defects and other destructive items. Our inclusion of hyperlinks does not imply any endorsement of the material on those websites or any association with their operators.

All contents of this Website belong to Wóngā Āyítí or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on it — including all logos, designs, text, graphics, pictures, information, data, software, sound files and the arrangement thereof (collectively, "Content") — are the proprietary property of Wóngā Āyítí and are either registered trademarks, trademarks or otherwise protected intellectual property of Wóngā Āyítí or third parties in the United States and/or other countries. If you are aware of a potential infringement of our intellectual property, please contact wonga.ayiti@gmail.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes your intellectual property rights, you or your agent may send us a written notice titled "Infringement of Intellectual Property Rights - DMCA," including:

1. 01An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right's interest;
2. 02A description of the work you claim has been infringed, including the URL of the location where the work exists or a copy of the work;
3. 03Your name, email, address and telephone number; and
4. 04A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including costs and attorneys' fees, for any misrepresentation or bad faith claim regarding infringement of your intellectual property rights by the Content on this Website. Submit your claim by contacting wonga.ayiti@gmail.com.

These Terms shall be governed and construed in accordance with the laws of the state of Florida, United States, without regard to its conflict of laws provisions.

These Terms shall not be governed by the United Nations Convention on Contracts for the Sale of International Goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements regarding the Website.

Any controversy or claim arising out of or relating to these Terms, including their interpretation or breach, shall be resolved in a court of competent jurisdiction decided by the representative of Wóngā Āyítí.

You and Wóngā Āyítí agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to these Terms.

If you have any questions about our Terms of Service, please contact us at wonga.ayiti@gmail.com.