Terms of Service
Last updated - 06 July 2020
By registering (signing up) to use Pikwy you declare you are agreeing with the policies and terms set out below.
1. Basic Provisions
The present document “Terms of Service for the Pikwy Service” (hereinafter referred to as “Terms”) consists of terms governing the relationship between TOO Waffeex, company ID: 170140000303. (hereinafter referred to as “Pikwy service”, “Pikwy”, “The Service”, “pikwy.com”) and the customer of the service (hereinafter “customer”, “user”, “you”, “member”).
By accessing or using the Service in any way you agree to and accept all of these Terms (on behalf of yourself or the entity that you represent), and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. By accessing or using the Service in any way you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). In the event that you do not consent to any of the terms, the administration is entitled to deny your use of Pikwy.
2. Restrictions and Use of Materials and Content
The Services offered by Pikwy, including the Site and any underlying software, platforms, algorithms, technology and/or other proprietary materials ("Materials") are the property of Pikwy and/or its respective partners and affiliates which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and and other proprietary rights.
You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as Pikwy may authorize expressly in writing, you will not, and will not permit anyone else to:
(i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, "Service Content") or compile or collect any Service Content as part of a database or other work;
(ii) rent or sublicense your access to our Services to another person;
(iii) use any Services or Service Content for any purpose except for your own use;
(iv) circumvent or disable any digital rights management, usage rules, or other security features of our Services;
(v) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services;
or (vi) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.
3. Submitted Content and Materials
We claim no intellectual property rights over the content submitted or created exclusively on your Pikwy account. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.
Submitted Information and Materials must not contain information or materials which are inappropriate, inaccurate, misleading, fraudulent or otherwise illegal. You will not use our services to upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit. Pikwy shall be entitled to remove any of the Submitted Information and Materials which Pikwy believes to be inaccurate or inappropriate.
You shall be responsible and liable for Submitted Information and Materials, and defend, hold harmless and indemnify Pikwy and its affiliates from and against any damages which may result from the submission, display and/or use of any such Submitted Information and Materials.
4. Third-Party Content
Our Services may display on, or contain links to, third party products, services, and Web sites. We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
5. License to Use Services
Subject to these Terms, we grant a limited, non-exclusive, non-transferable license to use our Services for your use and not for resale or further distribution. A license is granted to a single legal entity ("Licensee"), and is authorized for use solely with that entity. Use outside of the authorized licensee may result in additional charges or termination of the Account.
Your right to use our Services is limited by all terms and conditions set forth in these Terms. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.
You are responsible for maintaining the security of your account and password. Pikwy will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services.
6. Services and Pricing
Our Services are subject to various pricing tiers. The pricing for the Services can be found at our pricing page.
Pikwy pricing plans are subject to change. Rikwy’s Services will be charged in advance from the date of signup. In the event of a plan upgrade, the new rate of pricing will be prorated for the current billing cycle ,and the subsequent month is charged at the then-current pricing tier. You must cancel your use of the Services prior to the next month in order to avoid additional fees, otherwise the pricing tiers will automatically renew each month.
Unless otherwise arranged with Pikwy, a valid credit card is required for paying accounts. The fees for the pricing tiers will be billed to your credit card and you authorize the card issuer to pay any amounts set forth herein and authorize Pikwy (or our billing agent) to charge your credit card account until you or we cancel or terminate your pricing tier.
7. Termination and Cancellation
Pikwy reserves the right to terminate any unpaid Accounts that do not have any activity for sixty (60) days. "Unpaid Accounts" is defined as any account that is not on a paid pricing plan, or that is past due on payment in excess of (60) days. Pikwy, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service.
Any termination of your Account may result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Pikwy once your Account is terminated; however Pikwy may, for a time, retain residual information in our backup and/or archival copies of our database.
Pikwy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Pikwy Site (or any part thereof) with or without notice.
You may cancel your paid subscription at any time without refunds.
8. Disclaimer of Warranties
This website is provided “as is” without any representations or warranties, express or implied. Pikwy makes no representations or warranties in relation to this website or the information and materials provided on this website.
Pikwy does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
9. Limitation of Liability
Pikwy will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss;
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Pikwy has been expressly advised of the potential loss.
10. Other Parties
You accept that, as a limited liability entity, Pikwy has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Pikwy's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Pikwy's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Pikwy.
11. Indemnity
You hereby indemnify Pikwy and undertake to keep Pikwy indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pikwy to a third party in settlement of a claim or dispute on the advice of Pikwy's legal advisers) incurred or suffered by Pikwy arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
12. Breaches Of These Terms And Conditions
Without prejudice to Pikwy's other rights under these terms and conditions, if you breach these terms and conditions in any way, Pikwy may take such action as Pikwy deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
13. Variation
Pikwy may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
14. Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Legal Notice
These terms and conditions will be governed by and construed in accordance with the laws of the Kazakstan Republic, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Kazakstan Republic Almaty town.