Terms of Service

Last Updated: May 13th, 2024

Welcome to WishingPage.com. By accessing or using our website and services, you enter into a binding legal agreement with MAT-TEK EOOD ("WishingPage"), so it is important that you carefully read the following terms and conditions ("Terms").

Acceptance of Terms

By using our website (“Our Service”, “the Service”, “the Site”), you acknowledge and agree to these Terms and to our Privacy Policy. These Terms govern your use of Our Service and constitute a binding agreement between you and WishingPage.

Eligibility

The Service is available only to individuals who are at least 18 years old. If you are under 18, you are not permitted to use the Service.

Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share information about you and it forms part of these Terms. Please read the Privacy Policy carefully before you start to use Our Service.

Use of Our Service

WishingPage is a platform that allows content creators and public figures to create a wishlist where their supporters, referred to as "Gifters", can contribute funds towards gifts. Users ("Wishers") list items they desire, and Gifters can fund the purchase through our website. Please note that WishingPage does not purchase items on behalf of any User. Instead, we facilitate the transfer of funds from Gifters to Wishers via a third-party payment gateway, allowing Wishers to complete the purchase themselves.

Your Agreement

By accessing or using Our Service, you agree to be legally bound by these Terms. If you do not agree to these Terms, do not use Our Service.

Electronic Communications

By using the WishingPage.com website, you are consenting to receive communications from us electronically. This may include emails, notifications on our website, or other forms of electronic messaging. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that WishingPage provides to you electronically satisfy any legal requirements that such communications would satisfy if they were in a written paper form.

Your Account

Upon creating an account with WishingPage, you agree to:

1. Provide truthful, accurate, current, and complete information about yourself as prompted by the account registration process.
2. Maintain the confidentiality of your account credentials and restrict access to your devices to prevent unauthorized access to your account.
3. Accept responsibility for all activities that occur under your account or password.
4. Not transfer or assign your account to anyone else, and acknowledge that WishingPage is not liable for any loss or damage arising from unauthorized access to your account.
5. Ensure that your username and profile image are appropriate and do not infringe upon the rights of any other individual or entity, and are not offensive, vulgar, or obscene.

WishingPage reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Content Guidelines

Responsibility for Content

You are solely responsible for all text, images, and other data ("Content") that you upload, publish, or display through WishingPage, as well as all activities that occur under your account. It is your obligation to ensure that your Content and conduct adhere to these Terms and applicable laws.

Prohibited Content

You agree not to host, display, upload, modify, publish, transmit, update or share any Content that:

• Is illegal or promotes illegal activities.
• Contains defamatory statements or discriminates against any individual or group based on religion, race, sexual orientation, gender, nationality, ethnicity, or any other characteristic.
• Includes explicit sexual imagery or nudity.
• Constitutes unsolicited promotions, political campaigning, advertising or solicitations.
• Introduces malicious software or is designed to interfere with, damage, or access any systems or data unlawfully.
• Infringes upon the intellectual property rights of others.
• Impersonates any individual, including representatives of WishingPage.
• Infringes upon the privacy or anonymity of any individual.
• Is knowingly false or intended to mislead, confuse, or deceive others.

Content Review and Enforcement

WishingPage reserves the right, but is not obligated, to review and monitor Content to ensure compliance with these Terms. We may edit, refuse to post, or remove any Content at our sole discretion. WishingPage may also limit or terminate access to the Service for those who post non-compliant Content.

Risk Acknowledgement

While WishingPage does not control and cannot review all Content posted by users and third parties, by using our Service, you acknowledge the risk that you may be exposed to offensive, indecent, or otherwise objectionable Content. WishingPage is not liable for Content posted by users or third parties, nor for any harm resulting from such Content.

Prohibited Activities

As a user of WishingPage, whether as a Wisher or a Gifter, you must adhere to the following standards of conduct. This list is not exhaustive, and WishingPage reserves the right to demand compliance or deactivate accounts at its sole discretion:

1. Funds Collection and Transfer: You must not collect or send funds for any unlawful or prohibited activities. Transactions between Users and Gifters must be with the understanding that funds are gifts with no expectation of any return, service, or product.
2. Investigation and Enforcement: WishingPage may investigate and, if found necessary, close accounts or remove content that contravenes these Terms of Use or their spirit.
3. Obscene Material: Distribution of obscene materials, including posting or soliciting images of nudity or explicit sexual acts, is strictly forbidden.
4. Illegal Activities and Services: We prohibit the use of our Site for illegal adult content or services, such as prostitution or any form of sexual solicitation.
5. No Exchange for Funds: Users and Gifters must not use the Site to exchange services or goods for funds. Any accounts found to engage in this behavior will be subject to immediate deactivation.
6. Platform Use: WishingPage is a wishlist platform only. It is not to be used as a medium of exchange for any products or services. Accounts not adhering to these guidelines will be deactivated without notice.
7. Donative Intent: By purchasing a gift, Gifters acknowledge their intent to donate without expectation of any return. Users should not expect any service or product from WishingPage in exchange for gift funds.

Nudity and Sexual Content

In compliance with our payment provider’s policies, we strictly prohibit any adult content such as: nudity, pornography, or sexually explicit or implicit content. Although we acknowledge the difference between artistic and explicit content, our platform cannot support any form of explicit content.

Consequences of Posting Adult Content:

Posting adult content may result in your payment balance being frozen by our payment processor, Stripe, over which we have no control. Content that depicts or promotes non-consensual sexual acts, or solicitation of adult services, is also expressly forbidden. Our Support Team reserves the right to review any content and determine its appropriateness at any time, beyond the specific examples listed here.

Sexual Exploitation

WishingPage strictly prohibits any content that constitutes sexual exploitation, which includes any form of sexual manipulation or abuse resulting from unequal power dynamics, whether for monetary, social, or political gain.

Implied Nudity and Sexual Activity

We do not allow any form of implied nudity or sexual activity. Implied nudity includes images of nude figures without clothing where explicit parts are obscured but the impression of nudity is clear. Acceptable clothing must fully cover explicit body parts, with specifics as follows:

• Lingerie, underwear, and swimwear are not permitted.
• Adhesive pasties are not permitted.
• Sheer or see-through clothing is not allowed if it reveals or gives the impression of revealing explicit parts.

Content deemed suggestive but non-explicit is NOT permitted, as is NOT including depictions of non-sexual body parts.

Illegal Activities and Regulated Goods

WishingPage is committed to compliance with legal and regulatory standards and does not support the exchange or promotion of illegal or regulated goods, nor the depiction or facilitation of criminal activities.

Criminal Activities

Content promoting or facilitating criminal activities is strictly forbidden. This includes, but is not limited to:

• Any form of human exploitation, including trafficking and prostitution.
• Instructions or guides on conducting criminal activities.
• Depictions or endorsements of physical harm.

Users found to be sharing such content will be subject to immediate action, which may include account deactivation and content removal, in line with our commitment to uphold the law and community standards.

Frauds and Scams

WishingPage is committed to maintaining a trustworthy platform. We strictly prohibit any activities aimed at defrauding users or engaging in scams that could lead to financial or personal harm. We vigilantly monitor and remove any deceptive content designed to unlawfully benefit at the expense of our users.

Sponsorship/Donors

As a donor on WishingPage, you understand that your contribution is a sponsorship towards a User's wishlist item. WishingPage transfers your donation directly to the User, and it is entirely at the User's discretion how they utilize those funds. All donations made through the platform are final and carried out at your own risk.

Donation Clarity

Donors should exercise due diligence in understanding the intended use of their donations. WishingPage is not liable for any offers, promises, or rewards proposed by Users, and such actions are against our policies and may lead to account deactivation.

Payment Processing

WishingPage employs third-party payment processors to facilitate transactions. To receive funds, Users must provide their banking details to our payment processor. We are not liable for the payment processing and you are responsible for adhering to the third-party payment processor's terms.

Pricing Policy

We charge a flat 10% fee on transactions to cover payment processing and administrative costs. All orders are processed manually without any automated recurring billing.

Return, Cancellation & Refund Policy

All transactions on WishingPage are considered final and non-refundable. Requests for refunds will be evaluated on a case-by-case basis at our discretion. By finalizing a transaction, you acknowledge and accept this no-refund policy.

Disputes and Chargebacks

WishingPage employs robust security measures for credit card processing to minimize disputes. However, we recognize that no system is infallible. Should a dispute arise, we will assist Wishers in contesting wrongful claims. In instances where a dispute is lost, WishingPage retains the right to deduct from the Wisher's account an amount equivalent to the lost dispute.

Billing Errors

If you identify a billing error, contact our third-party billing agent, Stripe, within 30 days of the error's first appearance on your statement. Failure to report within this timeframe will result in the charge being considered valid. You absolve us of any liability for errors not reported within this period. These terms are supplemental to the billing agent's terms, which you are also obliged to follow.

Thank You Note

Upon sponsoring a gift, Gifters will receive a Thank You note from the Wisher or WishingPage. This may be in the form of a video, image, or text message and could be delivered via various methods. If a valid email is not provided, or if there are email delivery issues involving third-party services, WishingPage cannot guarantee note delivery. Note content and delivery are not subject to minimum requirements.

Account Verification & Suspension

WishingPage reserves the right to freeze accounts suspected of violating our Terms of Service. This may include unauthorized content use, listing prohibited items, harassment, identity misrepresentation, fraud, money laundering, or card testing. Account verification may be initiated and must be completed to our satisfaction, or it may result in permanent suspension. This process may require government-issued ID and additional information.

We may withhold fund payouts during the verification process. Failure to satisfy verification requirements can lead to indefinite account suspension.

Account Abandonment

If WishingPage suspects an account is inactive based on lack of response or other indicators, we will attempt to verify the User's intent to maintain the account. If we deem the account abandoned, any remaining funds scheduled for payout will be reversed according to our policies.

Payment

WishingPage accepts major credit cards, including Visa, American Express, Diners Club International, and JCB, through Stripe, our third-party payment processor. We strive to ensure secure transactions and protect the details of your order. However, we cannot be held responsible for data breaches that occur due to unauthorized third-party access beyond our control.

Tax Compliance

Users are responsible for complying with all tax obligations applicable to them under local, state, and federal law. WishingPage will provide, upon request, a summary of funds transferred via our payment processor. If we are required to produce tax documents on your behalf, you will bear the cost of creating those documents.

Links to Third Party Sites/Services

WishingPage.com may include links to external websites or services for convenience, without endorsement. WishingPage is not responsible for the content or accuracy of these external sites. When you engage with third-party services through our domain, you consent to WishingPage sharing necessary data with these parties to facilitate the service.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use WishingPage.com in strict compliance with these terms. You warrant that you will not use the site for any purposes that are illegal or forbidden by these terms. Any misuse of the site that damages, hinders, or disrupts its functionality or infringes upon others’ enjoyment is prohibited. Unauthorized attempts to access or obtain materials from the site are forbidden.

The content on WishingPage.com, including text, graphics, logos, and images, as well as the software used, is owned by WishingPage or its licensors and is protected by intellectual property laws. You must respect all copyright and proprietary notices and may not alter content provided by WishingPage. Content from the site cannot be modified, sold, reproduced, or exploited without the express written consent of WishingPage and the copyright owner. Use of WishingPage content is for personal use only and does not confer any ownership rights.

Use of Communication Services

WishingPage.com may offer communication services such as forums, chat areas, and message boards. You agree to use these services only to post, send, and receive appropriate messages that are relevant to the specific service. You must not defame, abuse, harass, or violate the legal rights of others; publish indecent materials; upload files that violate intellectual property rights unless you own them or have all necessary permissions; spread viruses; advertise or sell goods unless allowed; participate in pyramid schemes; download files that you know are unlawfully shared; post false attributions or proprietary designations; inhibit others from using the communication services; violate any applicable laws or harvest personal information without consent.

WishingPage is not required to monitor these services but reserves the right to remove or edit content and terminate access at any time. WishingPage may disclose any information if required by law and is not responsible for any content shared on these communication services. Be cautious when sharing personal information, and note that WishingPage does not endorse the content within these services and is not liable for it. Any materials you upload are subject to usage limitations, and you are responsible for adhering to these restrictions.

Materials Provided to WishingPage

When you submit or post any materials, including feedback and suggestions, to WishingPage.com or our associated services ("Submissions"), you retain ownership. However, you grant WishingPage and its affiliates a worldwide, royalty-free license to use your Submissions. This includes rights to copy, distribute, transmit, display, perform, reproduce, edit, translate, and reformat your Submissions, and to publish your name with your Submissions. WishingPage is not obligated to use, post, or compensate for any Submission and may remove it at our discretion. By submitting your Submissions, you confirm that you have the necessary ownership or control over the rights to your Submissions.

International Users

WishingPage operates from the United States and complies with US laws. If accessing the Service from outside the US, you must adhere to local laws. You agree not to use the Service in any way prohibited by applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify and hold harmless WishingPage and its affiliates from any claims, losses, or expenses arising from your use of the Site, your Submissions, violation of this Agreement, infringement of third-party rights, or violation of law. WishingPage reserves the right to take over the defense of any claim for which we are entitled to indemnification, and you agree to provide cooperation.

Inappropriate, False, or Misleading Content

• Abusive, threatening, or defamatory.
• Obscene, vulgar, pornographic, or otherwise offensive.
• False, misleading, fraudulent, or deceptive in nature.

By using our Platform, you agree to adhere strictly to these guidelines, and understand that violation of these terms may result in the removal of content, suspension of your account, and/or other actions as dictated by our enforcement policies.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, consolidated, or representative action. The parties acknowledge that each may bring claims against the other only in their individual capacity, and not as a plaintiff or class member in any purported class or representative action.

Liability Disclaimer

While WishingPage endeavours to ensure the accuracy of the information on the site, errors may occur. We reserve the right to make changes to the site at any time. The site and all its contents are provided on an "as is" basis without any representation, endorsement or warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by US law, WishingPage will not be liable for any indirect or consequential loss or damage whatsoever arising out of or in connection with the use of the site.

Termination/Access Restriction

WishingPage retains the right to terminate your access to the site and the related services or any part thereof at any time, without notice. This agreement is subject to the laws of England and Wales, and in the event of a dispute, you submit to the exclusive jurisdiction of the English courts. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

This agreement represents the entire understanding between you and WishingPage regarding the use of the site and supersedes all previous communications, representations, or agreements, either oral or written. Any rights not expressly granted herein are reserved.

Participation Disclaimer

WishingPage is not able to review all communications and materials created or posted by users on the site and is not responsible for the content of these communications and materials. We provide you with the ability to view and distribute user-generated content on the site without assuming any obligation or liability for any such content. However, we reserve the right to remove content that we deem to be abusive, defamatory, obscene, fraudulent, deceptive, misleading, in violation of any intellectual property rights, or otherwise offensive at our discretion. Please refer to our "Prohibited Activity" section for further details.

Changes to Terms

WishingPage may revise these Terms at any time without prior notice. By using this website, you are agreeing to be bound by the then current version of these Terms of Service. We encourage users to regularly review the Terms to remain informed of any updates.

Contact Us

If you have any questions or comments about these Terms of Service, please contact us at:

support@wishingpage.com