WeSay (“we”, “us” or “WeSay”). We provide through our website (the “Site”) and mobile application (the "App") a service designed to provide our users access to reviews with regards to different cannabis based products (the “Products”) and to help people with various medical conditions to quickly find the best matching Products to help with their needs (collectively, together with the Site and App, the “Services”). These Terms of Service (these “Terms”) constitute a legal agreement between WeSay and you (“user or “you”). By accessing or using the Site or App and/or any of our Services, you agree that you have read, understood, accept and agree to be bound by these Terms, as well as our Privacy Notice, which is available at https://www.wesay.life/privacy/ (“Privacy Notice”) and is incorporated herein by reference. If you do not agree to these Terms or the Privacy Notice, do not access or use the Services.
We reserve the right, in our sole discretion, to revise, modify or update these Terms at any time (including in order to remove functionality), and you agree to be bound by any revisions or modifications that we make. Therefore, please review these Terms periodically. Your continued use of the Services after any change or modification of these Terms has been made will constitute your acceptance of the revised Terms.
Your use of the Services is subject to the conditions of these Terms. You must be 21 years of age or older. You may not use the Services if you are not allowed to do so by law or regulation. You may not provide access to or use the Services for the benefit of third parties or make commercial use of the Services, Submissions (as defined below) or content that we provide. You also may not use any or all of the content we provide in order to create a database, whether in print or electronically. You may, however, use the Services in connection with your own activities. Currently, we make the Services available free-of-charge to you, but may start charging for them or any part of them at our discretion.
You may register to use the Services by logging in through Facebook or Google. We may change the method of registration at our discretion. By registering through Facebook you represent and warrant that the Facebook account is yours and you have full rights to provide us with the information in this account. We may refuse to allow any user to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Services, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.
Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates these Terms. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Services, and you agree to indemnify and hold us harmless for any improper or illegal use of the Services, and any charges and taxes incurred, unless you have notified us via email at firstname.lastname@example.org.
Termination of Account
We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, the community ethos of our Services or our business interests. In the event that we terminate your account, you may not register for the Services again without our express permission. If you believe that any action has been taken against your account in error, please contact us at email@example.com.
In addition, if we believe, in our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated these Terms or to have engaged in illegal behavior.
You may request termination of your account at any time and for any reason by sending an email to firstname.lastname@example.org Any suspension or termination of your account shall not affect your obligations to us under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.
Information on the Services
Please note that the Services will present information obtained from and supplied by various sources, including other users, regarding the Products, the prices of the Products, users reviews on the Products and more (the “Submissions”). We cannot accept any responsibility for these Submissions.
Please realize that the effect of cannabis on different people, by its nature, is highly personal and highly changeable. We cannot and do not represent or warrant that the information on the Services, including the Submissions, will accurately reflect your tastes or needs or accurately reflect the effect of the suggested Products. You must do your own research, consult your physician, contact all relevant service providers and use your common sense before making any decisions with regards of using the Products and information provided on the Services. These are your decisions to make. You are also responsible for determining the legality of using cannabis and/or any of the Products in your jurisdiction. We accept no liability for the same.
As an added service, we also provide links to the sites of various partners and affiliates. We may also provide links to other third party sites as well. Please note that we may stop providing or change such links at any time at our sole discretion. Our partners provide various medical and cannabis related information and services, including purchase services, as well as links to other sites through which such services may be provided. We cannot and do not take responsibility for any information or services provided by our partners, by the sites to which they link, or by other third party sites, as well as for any actions you may take or payments or reservations that you may make through any third party sites, including those of our partners. Any activities on any third party sites are governed by their Terms of Service and Privacy Policies, which we recommend that you review. We cannot and do not take responsibility for the purchases you make on third party website or the decisions you make based on the information on those sites. We do not represent and are not connected to any of the Products that might be described or included on our Services as well as on those sites to which we link or on any third party sites and are not liable for any of their actions. WeSay is not responsible for the content or veracity of any recommendations provided by our partners and affiliates, or by other third parties, including user Submissions.
In order to make our Services more dynamic and useful, we allow you to post comments or reviews on our Site. Please remember that you are responsible for any Submissions you post. Therefore, you represent and warrant that your Submissions do not infringe the intellectual property, moral, publicity or privacy rights of any third party, and that you have full rights to post or transfer such Submissions. If you submit any special categories of data in connection with the Submissions (including health data) you consent to our processing of such data in accordance with the terms of our Privacy Notice. We do not pre-screen your Submissions. However, we do reserve the right, at our sole discretion, to remove any Submissions that we believe violate the letter or spirit of these Terms.
Do not worry; we do not claim ownership of your or Submissions. However, by submitting any Submissions you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, reproduce, publish, display and distribute the Submissions in any manner whatsoever, in or out of context, in all languages, in all media, including for our promotional purposes. In short, if you submit something to us, we may use it.
We have certain rules for using our Services or submitting Submissions. Therefore, you agree that you will not:
You may not, nor may you assist other parties to:
We do not endorse any Submission and/or any review or any opinion, recommendation, or advice that a Submission may include, and expressly disclaim any and all liability in connection with reviews or Submissions. We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to these or Submissions. Please realize that you may be exposed to or Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to such or Submissions.
WeSay, its affiliates and its licensors own the Services, including any material or content made available through the Services, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. You may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available through the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
No Warranties; Disclaimer
Your use of the Services and the content provided therein, including the Submissions, is at your sole discretion and risk. You must do your own research and make your decisions based on that research.WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICES. INFORMATION REGARDING PRODUCTS, THEIR USE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING GOOGLE MAPS, AS WELL AS BY OTHER USERS OF OUR SERVICES. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT OR SUBMISSIONS WHICH ARE PROVIDED BY THIRD PARTIES OR BY OTHER USERS OF OUR SERVICES. ANY ACTIONS YOU TAKE BASED ON THE RECOMMENDATIONS REGARDING PRODUCTS, THEIR USE AND OTHERWISE PROVIDED BY THE SERVICES ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE SERVICES TO ENSURE ITS ACCURACY. ANY RATINGS DISPLAYED ON THE SERVICES ARE ONLY INTENDED AS GENERAL GUIDELINES, AND WE DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, Submissions, or content at any time without prior notice (including after you have submitted an order).The Services, Submissions and content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from WeSay. WESAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, APP, SUBMISSIONS, CONTENT, GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE, APP AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WESAY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICES.
The Products, the sites selling the Produces, and other entities on the Services are independent contractors and not employees or agents of WeSay. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS, OF SUCH ENTITIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WESAY HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY CANCELLATION OF PURCHASE, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against WeSay with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Services, including any Submissions that you may choose to make available. Anyone receiving or viewing Submissions may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Services or through any Submissions. Please carefully select the type of information that you post on the Services or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WESAY, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SITE, APP, SERVICES, SUBMISSIONS OR CONTENT. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS PAID BY YOU DIRECTLY TO US FOR THE USE OF THE SERVICES HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN ORDER TO USE THE SERVICES, WE SHALL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER.
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or use of the Services. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE, OR IN CONNECTION WITH THE USE OF PRODUCTS.
You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password, account or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible under these Terms or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Services infringes their rights under US copyright law. We accept no responsibility or liability for any Submissions, or any material provided or posted by a user. If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. All notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to email@example.com
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules.Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Site, App and/or the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to its jurisdiction. Any cause of action against us must be brought within one year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and us or enables you to act on our behalf. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.
Last updated: August 2019