Wii Ride Terms and Conditions

Welcome to Wii Ride! These Terms and Conditions (“Terms”) govern your use of the Wii Ride mobile application (“App”) and related services (“Services”). By accessing, downloading, or using the App or Services, you agree to comply with and be bound by these Terms. Please read them carefully.

Eligibility

To use the Wii Ride App or Services, you must:

  • Be at least 18 years of age.
  • Have the legal capacity to enter into a binding contract under applicable law.
  • Ensure that any information you provide is accurate, up-to-date, and complete.

 

If you do not meet these eligibility requirements, you must not access or use our App or Services.

User Accounts

Account Creation

To access certain features of our App or Services, you may be required to create an account. When creating an account:

  • You must provide accurate and complete registration information.
  • You are solely responsible for maintaining the confidentiality of your login credentials (username and password).
  • You must notify us immediately if you suspect any unauthorized access to your account.

 

Wii Rides reserves the right to suspend or terminate your account at any time if it suspects misuse or violation of these Terms.

User Conduct

You agree to use the App and Services in a responsible and lawful manner. You must not:

  • Violate any local, national, or international laws or regulations.
  • Infringe upon the intellectual property rights of Wii Ride or any third parties.
  • Upload, transmit, or share harmful, illegal, or offensive content.
  • Use the App to engage in any fraudulent or unauthorized activities.
  • Disrupt, interfere with, or attempt to access the App or Services without proper authorization.
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.

 

Wii Rides reserves the right to investigate and take appropriate legal action against any user who violates these provisions.

Content and Intellectual Property

Ownership of Content

All content, including but not limited to logos, trademarks, designs, text, graphics, and software available on the App or through the Services, is the property of Wii Ride or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Limited License

You are granted a limited, non-transferable, non-exclusive license to access and use the App and Services for personal, non-commercial purposes. You may not:

  • Copy, modify, distribute, or publicly display any content from the App without prior written consent from Wii Rides.
  • Attempt to reverse-engineer, decompile, or disassemble any software or systems associated with the App.

Fees and Payment

Service Fees

You agree to pay any applicable fees or charges for using Wii Ride’s Services. Fees may vary based on the type of service, distance, time, or vehicle selection. All applicable fees will be displayed at the time of booking.

Changes to Fees

Wii Ride reserves the right to change the pricing structure at any time. Any changes to fees will be communicated to you in advance. Continued use of the App following any changes constitutes your acceptance of the new fees.

Payment Methods

You are responsible for providing accurate payment information. Wii Ride supports various payment methods, including credit/debit cards and mobile payment solutions. By submitting payment details, you authorize Wii Ride to charge the associated fees to your preferred payment method.

Disclaimers and Limitations of Liability

Disclaimers

The App and Services are provided on an “as is” and “as available” basis. Wii Ride makes no warranties or representations, either express or implied, about the reliability, accuracy, or availability of the App and Services. Specifically:

  • Wii Ride does not warrant that the App or Services will be uninterrupted, error-free, or secure.
  • Wii Ride disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.
 
Limitation of Liability

To the maximum extent permitted by law, Wii Ride and its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the App or Services, including but not limited to:

  • Loss of profits, data, or business opportunities.
  • Personal injury or property damage resulting from your use of the Services.

In jurisdictions that do not allow limitations on liability, Wii Ride’s liability will be limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Wii Ride, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of:

  • Your use of the App or Services.
  • Your breach of these Terms.
  • Any violation of applicable laws or regulations.
  • Any dispute between you and a third party in connection with the use of the App or Services.

Termination

Wii Ride reserves the right to terminate or suspend your access to the App or Services at any time, with or without cause, and without prior notice, including but not limited to, for:

  • Violation of these Terms.
  • Misuse of the App or Services.
  • Non-payment of fees.

 

You may also choose to terminate your account at any time by contacting Wii Ride customer support. Upon termination, your access to the App will cease, but any outstanding obligations or rights (e.g., unpaid fees, indemnities) will remain in effect.

Governing Law

These Terms and Conditions, as well as any disputes, claims, or controversies arising out of or related to the use of Wii Ride’s App and Services, will be governed by, and construed in accordance with, the laws of the Republic of South Africa. This includes but is not limited to matters related to:

  • Contract interpretation.
  • The enforcement of obligations.
  • Consumer protection laws.

You agree that any legal action or proceeding relating to these Terms will be brought exclusively in the courts of South Africa, and you consent to the jurisdiction of those courts.

International Use

Although the App and Services may be accessible from locations outside of South Africa, you are responsible for complying with any local laws where you access or use Wii Ride. We make no representations or warranties that the Services are appropriate or available for use outside of South Africa.

Dispute Resolution

Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, or interpretation thereof, will be resolved through binding arbitration, rather than in court. The arbitration will be conducted in accordance with the rules of a recognized arbitration institution, such as the Arbitration Foundation of Southern Africa (AFSA).

You agree to waive your right to a trial by jury or participation in a class action. Arbitration offers a streamlined process for resolving disputes, with the decision being final and binding.

Arbitration Process
  • Location: The arbitration will take place in a mutually agreed-upon location, or in a city where Wii Ride operates, within South Africa.
  • Costs: Each party will bear its own arbitration costs, except as otherwise required by the arbitration institution’s rules. The arbitrator may also award attorney’s fees and expenses if applicable under relevant laws.
  • Decision: The arbitrator will issue a written decision that explains the essential findings and conclusions on which the award is based. The arbitrator’s decision will be final and binding.
Exceptions to Arbitration

You agree that the following claims are not subject to the above arbitration provisions:

  • Claims regarding the infringement, protection, or validity of Wii Ride’s intellectual property rights.
  • Claims seeking injunctive or equitable relief to prevent the violation of these Terms.

Entire Agreement

These Terms, along with any additional agreements, policies, or terms referenced within the App or Services (such as the Privacy Policy or any Service-specific terms), constitute the entire agreement between you and Wii Ride. They supersede all prior or contemporaneous understandings, agreements, negotiations, or communications, whether written or oral, relating to the subject matter contained herein.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

Wii Ride’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision, unless agreed to in writing by Wii Ride.

Changes to the Terms

Wii Ride reserves the right to modify, update, or change these Terms at any time, at its sole discretion. Any changes will be posted on the App and communicated to you through appropriate channels, such as email notifications or in-app alerts. The “Last Updated” date at the top of these Terms will indicate when the latest revisions were made.

It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of the App or Services after any changes to the Terms have been posted will constitute your acknowledgment and acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App and Services immediately.

Notification of Changes

Whenever significant changes are made to the Terms, Wii Ride will make reasonable efforts to notify you, including highlighting these changes in the app. However, it is ultimately your responsibility to review the most recent version of the Terms.

Contact Us

If you have any questions, concerns, or need assistance with understanding or complying with these Terms, you can reach out to us through the following channels:

Customer Support

You can contact Wii Ride’s customer support team via the following methods:

  • Email: [email protected]
  • In-App: Access the “Help Center” feature within the Wii Rides app to chat with our support team or submit a ticket.
Address for Legal Notices

For legal inquiries or disputes, you can contact our legal department at the following address: Wii Rides Legal Department
Johannesburg, South Africa
Email: [email protected]

Response Time

Wii Rides will endeavor to respond to your inquiries within 48 hours. However, please note that legal inquiries may take longer to process, depending on the complexity of the issue.

Wii Rides values your feedback and is committed to ensuring that your experience with our App and Services is positive and transparent. If you have any concerns regarding these Terms or any other aspect of our service, please do not hesitate to reach out.