8. PRIVACY POLICY
WafiDig values and protects your Privacy and Personal Data. Certain parts of our Services require or involve the submission, collection and/or use of certain personally identifying or identifiable data or information . In particular and as a part of accessing or using our Services, we may collect, access and use certain data, including personal data or personal information, pertaining to Users and as the case may be End Users, including the activities or navigation undertaken by Users and End Users through our Services and/or User Application.
Our Privacy Policy explains how we collect, use, manage and share your personal information and personal data for our own purposes. Be sure to read it carefully and to understand it.
8.1 Data Processing Addendum/Data Processing Agreement (“DPA”) When using the Services, you are operating as a “data controller” (as that term is defined in the GDPR at article 4 (7) ). It is really important that you comply with data protection laws and regulations when using the Services, such as when you collect others’ personal information or data or use cookies or any kind of similar technologies or tracking technology (including those we drop for you at your request, such as for web analytics). Our Data Processing Addendum explains how we handle, on your instructions, others’ personal information or personal data you collect using the Services or any of your End-User content which contains others’ personal information. Our Data Processing Addendum forms part of this Agreement. Be sure to read that carefully and to understand it.
8.2 Data Protection, Security, Cookie Policy and Privacy Laws and Regulations. You agree and warrant that you are solely and entirely responsible when using your Application or the Services for complying with applicable data protection, security, cookie policy and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation), including any notice and consent requirements and consent withdrawal. This includes without limitation the data collection and processing by you of any personal data or personal information, when you use your Application and/or the Services to send marketing and other electronic communications to individuals and when using cookies and any kind of similar technologies or tracking technologies on your Application (including, in particular, those which we place for you at your request as part of the Services, such as to undertake analytics for you).
8.3 Privacy Policy and End-Users. If applicable law or regulation requires, you must provide and make available to your End Users on your Application a legally compliant privacy policy, date processing agreement, personal data protection policy and cookie policy. This information must be written and available at any time to End Users in accordance with any applicable law and regulation including the GDPR but not limited to this particular regulation.
8.4 Cookies and other Similar tracking Technologies. If applicable law or regulation requires, you must provide and make available to your End Users on Your Applications and Services a legally compliant cookie policy and privacy policy. You must capture valid consent (as defined by article 4 (11) GDPR as well as by article 7 GDPR) , both for you and us, for any cookies or similar tracking technologies used on or through your Application or Services (including those we drop on your request or with your permission) where required, including, where applicable, by the EU e-Privacy Directive 2002/58/CE modified by directive 2009/136/CE (november 25th 2009) and under national laws implementing the same. Please read our Cookie Policy for more information about use of cookies and any kind of similar tracking technologies.
8.5 Protect and Improve the Services. You agree that we may protect and improve our Services through analysis of your use of the Services, your End Users’ use of your Application and/or analysis of your and your End-Users’ personal information and personal data in anonymised, pseudonymised, de-personalised and/or aggregated form. If applicable law or regulation requires, you should explain this in your privacy policy and data protection policy. Read our Privacy Policy for more information about how and what we do in this regard.
We encourage you to read, understand and save our Privacy Policy, available at https://www.wafidig.com/privacy/, and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices. WafiDig will inform its Users, with reasonable notice, prior to making any change to its privacy policy, data processing agreement, cookie policy and data protection policy; such information will be made available on WafiDig’s website and may also be sent by email (to the email address communicated by the User to WafiDig). The User must ensure that he keeps, at all time, up-to-date its email address and he must inform WafiDig without any delay of any changes made to his email address or to any other contact information or data.
9. FORCE MAJEURE (as defined by article 1218 of the French “Code civil”)
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an Event of Force Majeure as defined in the following:
As defined by article 1218 of the French “Code civil” (revised by the Ordonnance n°2016-131 of February 10th 2016 and in force since October 1st 2016) an Event of Force Majeure is defined as “There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor”.
To that extent an event of force majeure can be, as defined by some jurisprudences, but is not limited to, strikes, including employees or staff strike, strike of a sub-processor of any of the Party or Third Party, vandalism, war, armed conflicts, act of war or war threat, invasion, sabotage, terrorist acts and terrorist attacks, fire, epidemics, epizootic and pandemics, earthquake, floods, tornadoes, wind storms or wind tempest, storms, wildfire, tsunami, tempest, snowstorm and explosions, network communication breakdown or disruption or outage, embargo, governmental or legitimate authority request, administrative or legally required closure, electricity shortage or power outage outside the control of any Party or Third Party.
Nevertheless, to be able to invoke an event of force majeure, the Party or the Third Party showing that the event prevents the performance of its obligation must inform its counterpart without any delay by any kind of written document or written message. Such information must precisely and clearly show every circonstances of the case of force majeure and it must also mention the reasonable delay during which the event of force majeure will last.
Regular updates must be sent to every party regarding that matter.
In any cases, if the Party or Third Party that is invoking a case of force majeure cannot fulfil its obligations during a period longer than thirty (30) consecutive days then the other Party or Third Party can, as of right, terminate all or part of the Services impacted by the case of force majeure without any prejudice regarding the payment of damages to its counterpart.
Notwithstanding anything in this Agreement to the contrary, the Party prevented from performing under this Agreement by a force majeure event will nevertheless use its best efforts to recommence its performance under this Agreement as soon as reasonably practicable and to mitigate any damages resulting from its non-performance under this Agreement.
10. FEES AND PAYMENT TERMS
10.1 Applicable Subscription Fees and Taxes. WafiDig applicable Subscription Fees for our Services are available online at https://www.wafidig.com. Note that all our Fees are exclusive of applicable federal, state, local or other taxes. You are responsible for all said applicable taxes, and we will charge them in addition to our Fees for the Services when required to do so.
10.2 First Fee due and Payment. The first Fee due and payment takes place on the first day of your subscription.
10.3 Payment methods. The User may pay either by credit card or PayPal.
10.4 Automatic Subscription Renewals. To ensure uninterrupted service and use, WafiDig will automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period may then be equal in time to the renewal period of your current subscription. We will charge you the applicable amount using the payment method you have on file with us. WafiDig may disable auto-renewal at any time.
10.5 Change in Subscription Fees. We may change our Fees at any time. New Fees will not apply retroactively. If you do not agree with the Fee changes or modification, you have the right to reject the change or modification by canceling the applicable Paid Service before your next payment date is due.
10.6 Refunds. While you may cancel any Paid Services at any time, you will not be issued a refund except in our sole discretion, or if legally required.
10.7 Service Start. The Service subscribed by the User starts as soon as the first payment is received by WafiDig. Unless WafiDig specifies differently, the payment is made on a monthly, or annually period (depending on the choice made by the User) and no refund will be made or only if legally required.
10.8 Banking Details update. To avoid any disruption of our Service, the User shall maintain its credit card and/or Paypal details updated. A menu is dedicated to it in the managing interface of the User Account.
10.9 Late Payment. For any late payment, WafiDig may charge interest until the day of full payment, based on three (3) times the ongoing legal rate.
10.10 Payment Processor. We use a third party payment processor to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, data processing agreement, cookie policy and privacy policies of said payment processor, in addition to this Agreement. We do not control and are not liable for the security or performance of the payment processor. You agree to pay us all charges at the prices then in effect for any purchase in accordance with the applicable payment terms and conditions. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received.
10.11 Billing contact. Any question about billing or the nature of the Service must be made by filling the contact form available online at https://www.wafidig.com/contact/
11. TERM OF THE SUBSCRIPTION
Our Service is made available to you on an annual or month-to-month basis with automatic renewal, at your option at the time of subscription. WafiDig may or may not warn User by email before the end of said subscription of our Service.
12. COMPLIANCE WITH LAWS
You represent and warrant that your use of WafiDig will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any laws or regulations like HIPAA, GLB, EU Data Privacy Laws, or any other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable nor responsible if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or any discriminatory activities.
If you’re located in the European Economic Area (EEA) or if you have at least one End-User in the EEA, you represent and warrant that in using the Service and collecting information as a result of using the Service, you:
12.1 Will clearly describe in writing how you plan to use any data collected including personal data or information. You’ll get express consent to transfer data to WafiDig and be processed, and you’ll otherwise comply with whatever privacy policy, data privacy policy and cookie policy you have posted.
12.2 Have complied, and will comply with all laws and regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries or areas where your Application is downloaded, used and available to the public and to End-Users.
12.3 Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection and privacy laws and regulations. You have the necessary permission to allow WafiDig to receive and process all kinds of data and send communications to that individual on your behalf.
12.4 Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
12.5 Have signed and accepted our Data Processing Agreement.
13. TERMINATION, LIMITATION AND SERVICE SUSPENSION
You may stop to use and request to cancel your User Account and/or any WafiDig Services at any time, in accordance with the instructions available on our Services.
The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period, end of the month for month to month contracts or end of the year term for annual contracts.
With respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment.
Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of our Terms and Conditions and/or to pay any due Fee shall entitle WafiDig to immediately suspend (until full payment is made) or immediately cancel or delete your User Account and User Application (or certain features thereof), as well as the provision of any related Services (e.g., Paid Services) to you.
WafiDig reserves the right to refuse, limit or terminate access to the service to anyone should WafiDig, in its sole discretion, consider that said client or user violates any provision of these Terms and Conditions, data processing agreement, privacy policy, data policy, cookie policy or more specifically any of the above covenants.
Additionally, WafiDig may, but has no obligation to, remove, edit, block, and/or monitor content, or accounts containing content that WafiDig determines in its sole discretion violates these Terms and Conditions.
Supplemental terms specific to the suspension, restrictions or cancelation of eCommerce solutions provided by WafiDig are herein provided in Section 5.28.
Without limiting our liability limitation provisions below, you waive any claims you may have against WafiDig or WafiDig affiliates in the event we deny you use of the WafiDig service where, among other things, you have breached any provision of these terms and conditions of service or otherwise failed to fulfill any of your obligations to WafiDig.
14. DISCLAIMER OF WARRANTIES
WAFIDIG PROVIDES THE SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND “AS AVAILABLE” BASIS. YOU THEREFORE AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE AND ENTIRE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW AND REGULATIONS, WAFIDIG, ITS OFFICERS, DIRECTORS, EMPLOYEES, STAFF, INTERNS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW; THIS DISCLAIMER OF WARRANTIES SHALL INCLUDE AND COVER, BUT SHALL NOT BE LIMITED TO, ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE , MARKETPLACE OR THE LIKE. WAFIDIG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SERVICE OR THE CONTENT OF ANY SITES OR SERVICES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, RANSOMWARES, CRYPTOLOCKERS, WIPERS OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, SENT, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICE. WAFIDIG DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU OR A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WAFIDIG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE OR LIABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, GOODS, IMMATERIAL GOODS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE, NECESSARY OR REQUIRED.
Under certain circumstances, some jurisdictions may not permit the scope of the above disclaimers. Nevertheless, those disclaimers shall apply to the maximum extent permitted by applicable law or regulation. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws or regulations. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable law or regulation. Additional Disclaimers regarding eCommerce activities conducted via WafiDig solutions and service.
WafiDig has not reviewed, and will not be able to review, all of the goods, items, products or services offered or sold through sites or mobile applications stores using the WafiDig service. We will therefore have limited or no control over those stores including In App-Purchases (IAP) transactions and shall not be responsible or liable for any of their contents. WafiDig will not be responsible for any use or effects from the sale or purchase of said items or services through a site, an Application Store or mobile application using the WafiDig Service that may or may not include In-App Purchases (IAP). Among other things, we absolutely disclaim the following:
- WafiDig does not endorse any items for sale or represent that their description, marketing or labelling is accurate, useful, non-harmful or risk free.
- If you sell items through a site, an Application Store, using or not In-App Purchases (IAP) or a store using the WafiDig Service, you are solely and entirely responsible for those items, and for any harm resulting from those items or your conduct.
- WafiDig disclaims any and all responsibility and liability for any harm, damages or injury resulting from anyone’s use or purchase of any items through the WafiDig Service.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between buyers and sellers or between User and End-Users.
- We are not involved in transactions that take place on Application Stores or sites using the WafiDig Service, including any subscriptions, store operations, sales, refunds, rebates or returns. We disclaim any responsibility for the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods, products, immaterial goods or services purchased.
- We do not represent that items for sale are the intellectual or rightful property of the seller. We disclaim responsibility for any technical or legal inaccuracies, typographical mistakes, or other errors describing items listed on sites or stores using the WafiDig Service; or violations or infringements of the privacy, publicity rights, intellectual property rights, or other proprietary rights of parties or third parties.
All of our Users also hereby represent and warrant to WafiDig that they will at all times specifically reference the above disclaimers in their terms and conditions of Sale and more generally indemnify WafiDig from any liability whatsoever regarding their eCommerce operations and transactions including In-App Purchases (IAP).
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL WAFIDIG, ITS OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, STAFF OR AGENTS, BE LIABLE OR RESPONSIBLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF INCOME OR PROFITS, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, CRYPTOLOCKERS, WIPERS, RANSOMWARES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, SENT OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WAFIDIG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW OR REGULATION IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WAFIDIG SHALL NOT BE LIABLE OR RESPONSIBLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by WafiDig from its facilities in the US, 2214 Alice Ave, Oxon Hill 20745, (USA,).
WafiDig makes no representations that the Service is appropriate for any mobile device, device, mobile application store, App store or marketplace, or available for use in other locations or areas. Those who access or use the Service from other jurisdictions do so at their own violation and are responsible and liable for compliance with local law or regulation.
16. LIMITATION ON DAMAGES
To the maximum extent permitted by law or regulation, User agrees to limit WafiDig’s liability for the User’s damages to the sum of $1000.00 or the amount that the User has paid to WafiDig during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pleaded or asserted.
17. INDEMNIFICATION
To the extent permitted by applicable law or regulation, you agree to defend, indemnify and hold harmless WafiDig, its parent corporation, officers, directors, employees, staff, interns and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions, data processing agreement, privacy policy, data protection policy and cookie policy; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, property right, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service
18. TIME LIMITATION ON CLAIMS
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH WAFIDIG MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
19. MISCELLANEOUS
19.1 Governing Law & Venue. You agree that the Service shall be deemed solely based in the US. This Agreement shall be governed by the internal substantive laws of US, without respect to its conflict of laws principles. Any claim or dispute between you and WafiDig that arises in whole or in part from the Service shall be decided exclusively by MAryland Juridiction. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with WafiDig.
Users agree to pay all costs and expenses, including but not limited to, attorney fees and court costs incurred by WafiDig for the collection and/or enforcement of any obligation under these terms and conditions, whether or not a lawsuit, mediation or arbitration is commenced.
19.2 Informal Amicable Resolution. Before filing a claim against us, you agree to try to solve the dispute amicably by first emailing support@wafidig.com with a description of your claim or request. WafiDig will try to resolve the dispute informally via email, phone or other methods. If we cannot resolve the dispute within sixty (60) days of our receipt of your first email or written document, you or WafiDig may then bring a formal proceeding.
19.3 NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
19.4 Entire Agreement. If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms and Conditions, together with the Privacy Policy, data processing agreement, data privacy policy, cookie policy and any other legal notices published by us on the Service, constitute the entire Agreement between you and WafiDig and govern your use of the Service superseding any prior agreements.
19.5 Notices. We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up or splash screen within our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. For any notice you may contact us through the online form available at https://www.wafidig.com/contact/.
19.6 Assignment. You will not assign the Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of WafiDig. Any purported assignment or delegation by you without the appropriate prior written consent of WafiDig will be null and void. WafiDig may assign these Terms and Conditions or any rights hereunder without your consent.
19.7 Severabilty. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and conditions and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms and Conditions remain in full force and effect.
19.8 Amendment. WafiDig reserves the right to amend these Terms and Conditions, data processing agreement, privacy policy, data protection policy and cookie policy at any time and without notice, and it is your responsibility to review and check these Terms and Conditions for any changes. Your use of the Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised Terms and Conditions, data processing agreement, privacy policy, data protection policy and cookie policy.
19.9 No waiver. WafiDig’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other terms or conditions.
19.10 No Third-Party Beneficiary Rights. Neither the course of conduct between the parties nor trade practice will act to modify these Terms and Conditions. These Terms and Conditions do not confer any third-party beneficiary rights.