Walstreamz (“Walstreamz,” “we,” “us,” or “our”) and you (“User,” “you,” or “your”) are in a legal relationship as a result of this User Agreement (“Agreement”) that governs your use of the Walstreamz website (“Website”) and the range of services that Walstreamz offers (“Services”). You acknowledge that you have read, understand, and agree to be bound by this Agreement by accessing or using the Website or Services. Your access to and use of the Website or Services are restricted if you disagree with this Agreement.
Messaging Frequency
We will send between 10-20 messages per day.
Potential Fees
Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
Opt-in and Opt-out Methods
Opt-In Method:
You may opt-in to receive SMS messages from Walstreamz in the following ways:
- By filling out a paper form
Opt-Out Method:
You can opt-out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
Additional Options:
- If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
Standard Messaging Disclosures:
- Message and data rates may apply.
- You can opt out at any time by texting “STOP.”
- For assistance, text “HELP” or visit our [Privacy Policy] and [Terms and Conditions] pages.
- Message frequency may vary.
Summary of Services
Walstreamz provides a range of services, including management of Walmart and Amazon Seller Central accounts, product sourcing, shipping management, and full Amazon business facilitation. It is crucial to remember that Walstreamz does not guarantee financial security; rather, it offers services for seller management and logistics. The Services are only intended for informational use; no direct purchases may be made through the website. The Master Service Agreement (MSA), which is relevant to the customers of Walstreamz, provides a more thorough description of the Services.
Agreement to Terms
Your use of the Website or Services and access to them confirm that you have read, understood, and agree to be bound by the terms of this Agreement. Your access to and use of the Website or Services are prohibited if you disagree with the terms of this Agreement.
Obtaining a License
You are granted a revocable, non-exclusive, non-transferable, and constrained license by Walstreamz to access and use the Website and Services solely in accordance with the terms and conditions set out in this Agreement.
Restrictions on Liability
Walstreamz, together with its officers, directors, employees, agents, affiliates, and partners, shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, data, or other intangible losses, in accordance with applicable law. This liability exclusion is applicable regardless of the legal theory—contract, tort, or any other—and even if Walstreamz knew that such damages were likely to occur.
Non-Disparagement
You agree to refrain from engaging in any verbal or written behavior that would be detrimental to Walstreamz, its officers, directors, employees, agents, affiliates, or partners’ reputations or status. This covenant not to disparage shall survive the termination of this Agreement and shall insure to the benefit of the parties hereto.
Quick Resolution
In the event that the non-disparagement pledge is violated, notice of the violation must be given to the offending party. The infringing party shall have a period of 48 hours after receiving the notice to expeditiously correct the violation and stop engaging in defamatory behavior
Indemnification
You agree to hold Walstreamz, its officers, directors, employees, agents, affiliates, and partners harmless from any demand or claim made by a third party arising out of or related to your violation of this Agreement, your violation of any law or the rights of a third party, or your use of the Website or Services, including reasonable legal fees.
Master Service Agreement (MSA) reference
The Master Service Agreement (MSA) between Walstreamz and its clients is supplemented by this Agreement. The terms of the Master Service Agreement (MSA), if you and Walstreamz have one, also apply to your use of the Website and Services.
The Terms of Service are effective as of 10-13-2022
Here at Walstreamz, welcome! You (“User,” “you,” or “your”) and Walstreamz (“we,” “us,” or “our”) are parties to this agreement (the “Agreement”). You accept to be governed by the terms of this Agreement by accessing or using the Walstreamz website (“Website”) and the services offered by Walstreamz (“Services’ ‘). Please don’t use the Website or Services if you don’t agree with these terms.
License
In accordance with the provisions of this Agreement, Walstreamz hereby provides you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services.
Agreement to the terms and conditions
You confirm that you have read, comprehended, and accepted these Terms and Conditions by using the Walstreamz Service. Please don’t use the Service if you don’t agree.
Definitions
- “Cookie” refers to a small data file that is stored on your device by a website’s web browser to enhance user experience.
- “Country” refers to the United States of America (U.S.A).
- “Device” refers to any internet-connected device like a phone, tablet, or computer.
- “Service” refers to the offerings provided by Walstreamz on the platform.
- “Third-party service” refers to external entities that provide content or products through the Service.
- “Website” refers to the Walstreamz’ site accessible via the URL: walsteamz.com.
- “You” refers to the individual or entity registered with Walstreamz.
Usage Restrictions
You agree not to: License, sell, rent, distribute, transmit, or make the platform available to any third party.
Modify, reverse engineer, or remove any proprietary notice of Walstreamz.
Interfere with the functioning of the Website
Refund and Return Policy
Payment Timing:
- Payment is required upon the successful completion of the service.
Release of Files and Credentials:
- The client will obtain access to original files and login credentials only upon full settlement of the invoice.
- A 60-day grace period is provided for payment. During this duration, Walstreamz ensures 100% project delivery responsibility.
Service Delivery Timeline:
- If, for any reason, services are not delivered within the specified 60 days, a 10-day extension is granted to facilitate project completion.
Invoice Nullification:
- After a total period of 70 days, the invoice will be automatically nullified, relieving the client from any further payment obligations.
Refund Eligibility:
- If Walstreamz fails to deliver the promised services within the extended 70-day timeframe, the client becomes eligible for a full refund of the invoiced amount.
Refund Procedure:
- Clients seeking a refund must submit a written request within 15 days of the project’s extended completion deadline.
- Refunds will be processed promptly and issued through the original payment method.
Exceptions:
- Refunds will not be processed in case of a change of mind by the client.
Communication:
- Clients are encouraged to communicate any concerns or issues promptly to allow for timely resolution.
This refund policy aims to ensure fairness and transparency in the event that circumstances prevent the timely delivery of services as outlined in the initial agreement. Please note that refunds will not be considered for cases of a change of mind by the client.
Feedback
Any feedback provided to Walstreamz regarding the Website becomes our property and can be used without credit or compensation to you.
Consent to Terms and Conditions
By using our Website, creating an account, or making a purchase, you consent to our Terms and Conditions
Cookies
Cookies are used on our Website to enhance functionality. You can disable them, but it might affect your experience
Contingency Clause
(a) The Manager’s obligations under the buyback guarantee may be suspended if certain conditions are not met.
(b) Store deactivation will pause the buyback guarantee period.
Force Majeure
(a) Neither party is liable for failure due to events beyond their control.
(b) If a Force Majeure event continues, either party can terminate this Agreement.
Changes to Terms and Conditions
We may update or modify our Terms and Conditions at any time without prior notice.
Modifications to Website and Updates
Walstreamz reserves the right to modify, suspend, or discontinue the Website or Services temporarily or permanently. Updates may alter features and functionalities of the Website
Term and Termination
This Agreement is effective until terminated by you or Walstreamz. We may suspend or terminate at our discretion.
Copyright Infringement Notice
If you believe material on our Website infringes your copyright, contact us with specific information.
Indemnification
You agree to indemnify and hold Walstreamz harmless from any claim arising from your use of the Website.
No Warranties
The Website is provided “AS IS” without warranties. We disclaim all warranties, and your use is at your own risk.
Please review these terms carefully. Your continued use of the Website and Services signifies your agreement to these terms.
Restrictions on Liability
Walstreamz and its suppliers’ obligations under this Agreement and your exclusive recourse in any matter shall be limited to the actual price you paid for the website, regardless of any potential damages. To the To the fullest extent permitted by law, Walstreamz and its suppliers are not responsible for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, data, or other information, business interruption, personal injury, loss of privacy due to the use of the website, third-party software, or third-party hardware associated with the website, or any provision of this Agreement), even if Walstreamz or any supplier has been advised of the possibility of such damages.
Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
Severability
If any provision of this Agreement is deemed unenforceable or invalid, it shall be revised and interpreted to achieve the intent of the provision to the fullest extent allowed by applicable law, and the remaining provisions shall remain in full force and effect.
This Agreement, along with the Privacy Policy and other legal notices published by Walstreamz on the Services, constitutes the entire agreement between you and Walstreamz regarding the Services. If any provision of this Agreement is found invalid by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected, and those provisions shall remain in full force and effect. Failure to assert any right or provision under this Agreement does not constitute a waiver of that right or provision. Any cause of action related to the Services must commence within one year after the cause of action arises, or it is permanently barred.
Waiver
Except as explicitly provided herein, the failure to exercise a right or enforce an obligation under this Agreement does not waive the ability to exercise that right or enforce that obligation at a later time. No single or partial exercise of any right or power under this Agreement prevents further exercise of that or any other right granted herein. In the event of conflict between this Agreement and any applicable purchase or other terms, this Agreement governs.
Amendments to this Agreement
Walstreamz reserves the right to modify or replace this Agreement at its sole discretion. Material revisions will be notified at least 30 days in advance. What constitutes a material change is determined by Walstreamz. By continuing to access or use the website after revisions take effect, you agree to the revised terms. If you disagree with the new terms, you are no longer authorized to use Walstreamz.
Entire Agreement
This Agreement is the complete understanding between you and Walstreamz regarding the website and supersedes all prior written or oral agreements. Additional terms and conditions may apply when using or purchasing other Walstreamz services.
Updates to Our Terms
We may change our Service and policies and update these Terms accordingly. We will provide notice of changes before they take effect. By signing the service agreement at the time of onboarding, you agree to the updated Terms (mentioned in the service agreement).
Intellectual Property
The website’s contents, features, and functionality are owned by Walstreamz or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. The material may not be copied, modified, reproduced, downloaded, or distributed without prior written permission from Walstreamz, except as expressly provided in these Terms & Conditions.
Agreement to Arbitrate
This section applies to disputes except those related to claims for injunctive or equitable relief regarding intellectual property rights. “Dispute” includes any conflict between you and Walstreamz concerning the Services or this Agreement. You and Walstreamz will attempt informal negotiation within sixty days before commencing arbitration. If negotiation fails, binding arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association.
Binding Arbitration
If informal negotiation fails, disputes will be resolved through binding arbitration in accordance with the American Arbitration Association’s rules. Both parties may seek preliminary injunctive relief from a court to protect their rights or property. The prevailing party’s legal costs will be borne by the non-prevailing party
Submissions and Privacy
Submissions become the sole property of Walstreamz and may be used without compensation. Walstreamz may include contests or promotions subject to separate rules
Promotions
Promotions may have separate rules, including eligibility requirements. By participating, you agree to abide by and comply with all Promotion Rules.
Additional terms and conditions may apply to purchases, subject to this Agreement.
Typographical Errors
Walstreamz reserves the right to refuse or cancel orders with incorrect pricing or information. Orders may be canceled, and charges credited if already been processed.
Miscellaneous
Unenforceable provisions will be modified to the fullest extent permitted. Written and signed waivers by authorized representatives are effective. Walstreamz operates the Service from the USA, and it may not comply with all local laws. These Terms & Conditions contain the complete understanding between you and Walstreamz, superseding all prior understandings.
Disclaimer
Under no circumstances shall Walstreamz bear liability for special, direct, indirect, consequential, or incidental damages, or any form of damages, whether arising from contract, negligence, or any other legal basis, in connection with the utilization of the Service or the materials found within it.Walstreamz retains the right to introduce additions, deletions, or alterations to the Service’s contents without prior notice.
The Walstreamz Service and its components are provided on an “as is’ ‘ and “as available’ ‘ basis, with warranties upon service delivery only, whether explicit or implicit. Walstreamz acts as a design and ecommerce service agency. Price and availability details are subject to change without advance notice, in case the service agreement is already signed, then walstreamz will email the client about the changes. Furthermore, Walstreamz does not warrant that the Walstreamz Service will remain uninterrupted, untainted, punctual, or free from errors.
