| 1. Acceptance of Terms of Service
By accessing the websites of WALINK, INC. you declare that you know and agree to be bound by the terms and conditions of our services. Likewise, you acknowledge and agree to respect and comply with the legislation and regulations applicable to our services. If you do not agree with any of these terms, you are prohibited from accessing our website or using the services offered by WALINK, INC. The guidelines defined by WALINK, INC. to respect your privacy and personal information can be consulted at any time in the Privacy Policy published on our website (https://walink.io/privacy-policy).
2. Service Rules
2.1. WALINK SHOPS
Below, we present the terms and conditions of the service offering that we have at WALINK, INC. for this service:
2.1. What does the WALINK SHOPS service consist of?
WALINK, INC. enables a new service called "WALINK SHOPS" that facilitates ecommerce through WhatsApp, offering a direct and personalized shopping experience.
This service allows businesses to create online stores, manage product catalogs, and receive orders through WhatsApp. Under this model, users can view products, make inquiries, and complete carts improving the convenience and accessibility of online commerce.
For the creation of these online stores at WALINK, INC., we rely on the use of a native WhatsApp functionality called "click to chat".
2.2. How can I contract the WALINK SHOPS service?
To start using the ecommerce service, WALINK, INC. offers you a free trial, one-time per business, of 30 calendar days following the activation of your account in WALINK SHOPS. Once the trial period of the WALINK SHOPS service is exhausted, it will not be renewable, and to continue using this service, you must subscribe to one of the monthly plans offered by WALINK, INC.
To access the WALINK SHOPS service trial, you must first register in the WALINK SHOPS service at the following link: https://shop.wa.link/. Please note that you must complete all requested information, and any changes to said information will not enable a new trial period for the WALINK SHOPS service.
Subsequently, once you have completed the registration to access the WALINK SHOPS service, you must select one of the monthly packages offered by WALINK, INC. and associate a valid payment method.
Once these steps are completed, the trial of the WALINK SHOPS service will be automatically activated and will be valid for a period of 30 calendar days following the activation of your account in WALINK SHOPS. Only when the trial of the WALINK SHOPS service is exhausted will WALINK, INC. charge the selected monthly package, which will then come into effect.
2.3 Do I need to contract other services with WALINK, INC. to access the WALINK SHOPS service?
No, it is not necessary. The services offered by WALINK, INC. can be contracted independently, without prejudice to the fact that all services can be contracted simultaneously if desired.
2.4 Is there a limit to the number of accounts I can have for the WALINK SHOPS service?
There is no limit to the number of WALINK SHOPS accounts each user can have, as long as the user follows the registration and payment process for the respective plan chosen.
2.5 When do I need to pay for the WALINK SHOPS service?
Payments for the WALINK SHOPS plan you have selected must be made in advance, meaning that every 30 calendar days WALINK, INC. will charge the payment method you have established, on the date when you initially registered for the WALINK SHOPS service.
If the payment date corresponds to February 29th, the 31st of a month without that date, or any other date that does not exist in the following month, the charge will be made on the last day of the previous month.
Please note that the charge for the WALINK SHOPS plan you have selected will only be made once the trial period of the WALINK SHOPS service has been exhausted. WALINK, INC. will not make service charges during the trial period.
2.6 What should I consider about payments and renewals of WALINK SHOPS services?
We ask you to consider the following aspects before acquiring any of the plans we offer at WALINK, INC. for the WALINK SHOPS service:
Payment for the contracted WALINK SHOPS plan must be made in advance, as explained in Section 2.3. Your decision not to use the services contracted with WALINK, INC. will not result in a refund.
The services of the contracted WALINK SHOPS plan will be available for only one (1) month, from the effective payment date, with the possibility of renewing it as many times as you wish. The renewal of acquired services will be done automatically on the date the contracted monthly period is completed, provided that the WALINK SHOPS service subscription is active and a valid payment method exists for WALINK, INC. to continue charging the plan you have acquired.
During the trial period, the services of the contracted WALINK SHOPS plan will be available for a period of 30 calendar days following the activation of your subscription plan in WALINK SHOPS. Only when the trial of the WALINK SHOPS service is exhausted will WALINK, INC. charge the selected monthly package, which will then come into effect.
If you do not want your contracted WALINK SHOPS plan services to renew automatically, you must process your cancellation 24 hours in advance of the monthly expiration date. Otherwise, the acquired services will be understood as extended, and you will have to wait until the next period to process your cancellation.
No refunds will be processed for renewals that have not been cancelled as we indicated above.
Payment for the contracted WALINK SHOPS plan services will be made virtually, using the services of a payments infrastructure provider (for example, Paddle or another provider designated by WALINK, INC.).
Enabled payment methods will be subject to those available from the payment infrastructure provider designated by WALINK, INC. The payment method you select for the first time may be saved and preset for future payments. Please carefully review the terms and conditions of the payments infrastructure provider.
Applicable exchange rates and additional charges that may be generated by the transaction will depend on the specific conditions set by the financial institution that issued the payment method you choose to acquire services from WALINK, INC.
Once your payment has been confirmed, the contracted WALINK SHOPS plan will be enabled for you to enjoy until the expiration of the contracted period. From this moment, WALINK, INC. will not be able to process refunds, so please be very careful when choosing the WALINK SHOPS plan(s) you wish to acquire.
Payments for automatic renewals of services contracted with WALINK, INC. will be executed on the date corresponding to the expiration of the initially contracted monthly period. Automatic renewals will always apply unless cancellation has been processed as described in Section 2.8.
Automatic renewals will be charged by the payment infrastructure provider designated by WALINK, INC. to the same payment method you chose when first acquiring the services or for the last renewal made.
If you do not wish to use said payment method, before the expiration date of your services, you must make the respective update with the payment infrastructure provider designated by WALINK, INC. If you do not make this update, it will be automatically charged to the payment method you had predetermined, without any possibility of claims or refunds from WALINK, INC. or the designated payment infrastructure provider.
Only in events of payment for automatic renewals of contracted services, the payment infrastructure provider designated by WALINK, INC. may make additional collection attempts. Please note that the frequency of re-attempting charges will depend on the policies defined by the designated payment infrastructure provider and not by WALINK, INC. We ask you to verify these conditions before contracting our services.
In any case, you have 14 days to resolve any inconsistency with the chosen payment method or change it, if you consider it necessary.
If, after the 14 days we grant you to resolve any inconsistency with the chosen payment method, our payment provider has not been able to successfully charge the renewal of your services, you will lose access to the services contracted with us, meaning they will be automatically cancelled and the effects mentioned in Section 2.8 of these terms and conditions will apply.
You will receive notifications about the expiration of contracted services, the date on which they will be understood as renewed, any update related to renewal payment, as well as the automatic cancellation of services due to lack of payment.
We ask you to be very attentive to our notifications and to keep your payment methods updated to avoid inconveniences.
2.7 What is the refund policy applicable to WALINK SHOPS services?
You may request a refund for the last payment made during the last 30 calendar days of the contracted WALINK SHOPS plan in the following events: (i) service failures attributable to WALINK, INC.; or (ii) dissatisfaction with the WALINK SHOPS service.
To request your refund for the occurrence of any of the aforementioned events, you must use any provided method within the platform for that purpose or contact WALINK, INC. through the following email address billing@wa.link, indicating the reasons for your request and providing the evidence you consider relevant.
Please note that if the request is deemed valid, the refund will be made to the payment method previously configured by you when contracting the WALINK SHOPS plan. The timeframes for processing the refund will depend on the policies defined by the designated payment infrastructure provider and not by WALINK, INC. We ask you to verify these conditions before contracting our services.
2.8 What should I consider about the cancellation of WALINK SHOPS services?
We ask you to consider the following aspects when cancelling any of the plans we offer at WALINK, INC. for the WALINK SHOPS service:
At any time during the trial period of WALINK SHOPS services, you may cancel the monthly package selected when registering for the service, without incurring in any cost.
Once the WALINK SHOPS services charges are activated, you may cancel the monthly package at any time; however, please note the following:
Cancellation does not imply a refund;
- You can continue using the service for the remaining time on your 30 days plan.
Once services have been effectively cancelled, this cancellation also implies losing access to the online store content created through WhatsApp, without generating any responsibility for WALINK, INC. This means that you will not be able to edit the online store content created through WALINK SHOPS, nor will you be able to continue marketing your products, nor will your customers be able to access the commerce;
If you wish to re-enable your services, you must acquire them from scratch, that is, paying 100% of the applicable costs and without any credit for the services you stopped enjoying due to voluntary cancellation. In these cases, a new trial period will not be applicable.
Please think carefully about your decision before deciding to cancel your services with WALINK, INC.
The cancellation will have effect only during the current period of your subscription and will not take into account previous periods.
If the services contracted with WALINK, INC. were automatically renewed and you insist on cancelling them, you must process the cancellation again, which will be effective as long as it was done with sufficient advance notice to prevent automatic renewal, that is, before 24 hours in advance of the monthly expiration date. The effects of the cancellation will be the same as explained in this Section 2.8.
2.9 What monthly plans are available for the WALINK SHOPS service?
Starter Package: Your online store for WhatsApp, without limitations and with all the features to convert potential customers into effective sales quickly:
Features:
Unlimited products**
Unlimited orders**
Unlimited coupons**
Order history and analytics
No commissions
Up to 3 different stores
30 days free, then you pay:
Package price: $19USD/month*
*Additional taxes apply.
**Unlimited offers apply within reasonable use and capacities of the service provided. WALINK, INC. reserves the right to determine proper use regarding unlimited offers and other aspects of the service.
2.10 What do I need to create my online store through the WALINK SHOPS service?
To create an online store through the WALINK SHOPS service, you must have an active WhatsApp or WhatsApp Business account. Additionally, you must have the necessary licenses and governmental authorizations, if applicable, to promote and sell the products or services through the online store created under the WALINK SHOPS service.
Please note that you are responsible for the design and content integrated into the online store created under the WALINK SHOPS service. This includes, but is not limited to, ensuring you have the necessary authorizations or rights to use the content.
WALINK, INC. is not responsible for any dispute arising from unauthorized use of the content uploaded to the online store created under the WALINK SHOPS service, nor for any claims, disputes, or investigations resulting from unauthorized or illegal promotion and sale of the products or services published in the online store.
3. What am I committing to when acquiring services from WALINK, INC.?
By accessing the services of WALINK, INC., you are committing to the following:
To have the legal capacity to enter into valid contracts, according to the regulations of your country of origin or the country from which you are acquiring the services of WALINK, INC.
To comply with the regulations of your country of origin or the country from which you are acquiring the services of WALINK, INC. applicable to the promotion and sale of products or services through the online store created under the WALINK SHOPS service.
This includes, but is not limited to: (i) obtaining the required authorizations or licenses under the regulations of your country of origin or the country from which you are acquiring the services of WALINK, INC. to promote and sell products or services through the online store created under the WALINK SHOPS service; and (ii) complying with the applicable consumer protection and warranty regime for the products or services promoted and sold through the online store created under the WALINK SHOPS service.
To accept and comply with the terms, rules, and conditions of the services offered by WALINK, INC.
To be the sole owner of the account and the license granted by WALINK, INC. for the services you acquire. This permission equates to the granting of a license and does not constitute a transfer of title to our services, and you are therefore prohibited from:
- Removing any copyright or other proprietary notations from materials provided by WALINK, INC.;
- Attempting to decompile or reverse-engineer any software contained on the WALINK, INC. website;
To provide personal information or data for which you are the owner or have the consent and authorization to do so from the individuals concerned.
To immediately notify WALINK, INC. of any unauthorized use of your account or access by unauthorized third parties.
To pay the fees and costs associated with the services you acquire from WALINK, INC., if applicable.
To use payment methods that belong to you or to have the authorization of third parties to use a payment method not under your ownership.
To refrain from using resources or assets derived from or obtained as a result of illicit or criminal activities.
To refrain from participating in activities or conduct that violate or may violate regulations related to money laundering, terrorist financing, and/or anti-corruption.
To not use the services provided by WALINK, INC. in a fraudulent or malicious manner, nor to cause harm, actual or potential, to the reputation, brand, or property of third parties.
To not use the services of WALINK, INC. for activities considered criminal in your country of origin or any other country where our services are available. If you do so, you will assume responsibility and consequences and cannot involve or hold WALINK, INC. accountable in any way.
When you change the phone number linked to WhatsApp associated with the online store created through the WALINK SHOPS service, you must update it in each online store associated with that number.
4. What do we commit to at WALINK, INC.?
By accessing the services of WALINK, INC., we commit to the following:
To grant you permission to use the services you choose, as described in our terms and conditions.
To recognize you as the owner of the online store you create under the WALINK SHOPS service, provided that you do not use our services fraudulently or maliciously, nor to cause actual or potential harm to the reputation, brand, or property of third parties.
To respect your personal information as described in our Privacy Policy.
To not charge additional or unauthorized fees, except in cases of plan changes or changes in the services offered.
5. Exclusions of WALINK, INC.’s liability
Our rules are clear. Please note that our liability is limited to the terms and conditions of the services we offer, and therefore WALINK, INC. is not responsible for:
Interruptions, errors, failures, alterations, or modifications caused by third-party service providers to WALINK, INC., such as providers of cloud storage, technological infrastructure, payment infrastructure, and others directly or indirectly involved in providing services offered by WALINK, INC. (including WhatsApp). In these cases, WALINK, INC. will do its best to resolve the issue, but ultimate responsibility lies with these providers.
None of the aforementioned circumstances will result in a partial or full refund of the fees paid for our services, nor will it extend the duration of the services.
The terms and conditions of services provided by any type of infrastructure providers (technological or payment) that you may interact with by using WALINK, INC. services.
The inclusion of links to third-party websites does not imply endorsement of those sites by WALINK, INC. The use of any linked website is at your own risk, and by using our services, you waive any claims against WALINK, INC.
Fraudulent or malicious use of our services that could cause actual or potential harm to the reputation, brand, or property of third parties, as well as claims arising from such harm by third parties.
Fraud suffered by users of the WALINK SHOPS service due to the use of the online store created through this service, as well as claims arising from such circumstances.
Errors, omissions, or misuse of our services, including:
Use of inappropriate language or content in the online store created through the WALINK SHOPS service, according to WhatsApp’s policies.
Misleading or malicious direction to WhatsApp-linked phone numbers belonging to third parties.
Errors in URL configuration.
Intentional or accidental disclosure of login credentials to the WALINK SHOPS account.
Suspensions or bans due to violations of WhatsApp’s policies for using their services.
Other events and disclaimers of liability outlined in these terms and conditions.
At WALINK, INC., we reserve the right to investigate claims from third parties resulting from actual or potential harm to their identity, reputation, brand, or property caused by fraudulent or malicious use of our services.
This means that WALINK, INC. may revoke or limit (temporarily or permanently) access to our services if there are reasonable grounds to prove fraudulent or malicious use. Revocation or restriction may also occur if WALINK, INC. receives an order from a competent authority or if you violate the law of your country of origin or any other country where our services are available, or our terms and conditions.
During investigations by WALINK, INC. or any competent authority, the online store you created through the WALINK SHOPS service may be disabled. You will receive timely notification of these decisions, and we will contact you if we believe you need to provide evidence in your defense.
None of the aforementioned circumstances will result in a partial or full refund of the fees paid for our services, nor will it extend the duration of the services.
If you are a victim of impersonation, identity misuse, or harm to your reputation or brand, you must contact WALINK, INC. through our complaints channel and provide sufficient evidence to prove these events.
If WALINK, INC. finds no reasonable grounds to prove fraudulent or malicious use of our services, you will need to seek other legal remedies to defend your interests.
WALINK, INC. assumes no responsibility or liability for damages you may suffer due to fraudulent or malicious use of our services by a third party. Any liability and/or compensation for such fraudulent or malicious use will be 100% the responsibility of the third party.
6. Breach and Indemnity
In the event of a breach of any obligations arising from these terms and conditions or a violation of any law and/or third-party rights, WALINK, INC. may suspend or cancel your use of the contracted services and seek indemnification for damages suffered by WALINK, INC., its affiliates, directors, representatives, and employees, including reasonable attorney fees.
You agree to indemnify WALINK, INC., its affiliates, directors, representatives, and employees, from any claims or demands by other users or third parties due to your breach of these terms and conditions or misuse of services offered by WALINK, INC.
7. Modifications
WALINK, INC. reserves the right to revise these terms and conditions of service at any time without prior notice. By using this website, you agree to be bound by the current version of our terms and conditions.
8. Notifications
All notices and communications between the parties regarding these terms and conditions must be made via email. Notices to the user will be sent to the email provided during registration, and notices to WALINK, INC. must be sent to hi@wa.link.
9. Governing Law
These terms and conditions are governed by and interpreted under the laws of Delaware (United States), and you irrevocably submit to the exclusive jurisdiction of the courts of that state or location.