Website Policy
Website Terms and Conditions of Use
Please read these Terms and Conditions of Use before using the website of Whypoint S.à.r.l.-s.
This is the Whypoint website. Your attention is drawn to the Terms and Conditions of Use. By using this website, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must exit this website.
1. Introduction
This website is intended for use as a source of general information only and is not intended for use by consumers. Under no circumstances does the use of this website nor the information included on it constitute the provision of advice services nor does WHYPOINT (as defined below in Clause 2.1) make any representation with regard to the suitability of any information contained on this website for any particular purpose. In each case where advice is required in relation to a particular situation, advice relating specifically to those circumstances must be sought.
2. Copyright Licence
2.1 All website design, text, graphics, the selection and arrangement thereof, software compilations, underlying source code, software and all other material on this website are subject to copyright. The copyright in the material contained in this website belongs to Whypoint or under a licence from third party copyright owners.
2.2 Any person may copy any part of this material, subject to the following conditions:
2.2.1 the material may be downloaded to a single personal computer and hard copy portions may be printed but in each case solely for your own internal use only;
2.2.2 the material may not be used for commercial purposes;
2.2.3 the copies must retain any copyrights or other intellectual property notices contained in the original material;
2.2.4 the products and services described in this website may be subject to other intellectual property rights reserved by Whypoint or by other third parties (and no licence is granted in respect of those intellectual property rights); and
2.2.5 images on this website are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
2.3 You must not, nor must you allow any other person to reproduce, publish, transmit, circulate, distribute, copy, alter, add to, delete, remove or tamper with this website or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter this website, other than in the course of viewing or using this website in accordance with these Terms and Conditions of Use.
3. Trademarks
The images, logos and names on this website, which identify Whypoint or third parties and their products and services, are proprietary marks of Whypoint and/or the relevant third parties. Nothing contained in this website shall be deemed to confer on any person any licence or right on the part of Whypoint or any third party with respect to any such image, logo or name.
4. Links to Other Websites
Certain (hypertext) links will lead you to website that are not under the control of Whypoint. When you activate any of these links, you will leave our website and Whypoint has no control over and will accept no responsibility or liability in respect of, the material on any such other website. By allowing links with third party website Whypoint does not intend to solicit business or offer any security to any person in any country, directly or indirectly. If you wish to provide a linked internet website to this website, you must seek the prior written approval of Whypoint.
5. Monitoring and Recording of Telephone Calls and Emails
Telephone calls using the telephone numbers provided on this website and email correspondence with Whypoint at the email addresses accessible through, or discernible from, this website may be recorded or monitored for Whypoint’s legitimate interests in quality control and contract necessity purposes to help manage your account. You will be informed where recording or monitoring is taking place. By using such communication methods, you will be deemed to have expressly consented to the recording or monitoring of the same. Monitoring and recording of telephone calls and emails may be done to monitor and improve the service Whypoint provides to you, for staff training purposes, to ensure compliance with our practices and procedures and where, for example, a contract is entered into by those means, to provide evidence of the transaction.
6. Disclaimers
6.1 Whilst Whypoint has taken care in the preparation of the contents of this website, this website and the information, names, images, pictures, logos, icons regarding or relating to Whypoint and/or its associated companies, or the products and services of the same (or to third party products and services), are provided on an “as is” basis without any representation or endorsement being made and without any warranty of any kind, whether express or implied, including but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, all such terms and warranties are hereby excluded.
6.2 In no event will Whypoint and/or any Whypoint group company be liable (whether in contract or tort including negligence or breach of statutory duty or otherwise) for any losses sustained and arising out of or in connection with use of this website including, without limitation, indirect or consequential losses, direct loss of profit, direct loss of anticipated savings, loss of data, indirect loss of profit, indirect loss of anticipated savings, loss of revenue, loss of business, loss of many, loss of opportunity or loss of or damage to property and/or any wasted expenditure and third party claims. For the avoidance of doubt, each of the losses as listed in this Clause 6.2 are intended to be severable.
6.3 Nothing in these Terms and Conditions of Use shall exclude or limit the liability of the Whypoint for death or personal injury caused by its negligence or for fraudulent misrepresentation.
6.4 Whypoint does not represent that the information contained in this website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in the website or for any reliance placed by any person on the information.
6.5 Whypoint does not warrant that the functions or materials accessible from or contained in this website will be uninterrupted, error free, timely, secure or that defects will be corrected or that this website or the server that makes it available are virus or bug free or represent the full functionality, accuracy, reliability of the materials.
6.6 If any of these Terms and Conditions of Use (or any terms and conditions relating to a product or service referred to in this website) should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, and in relation to such state or country only, such terms or condition shall be deleted and severed from the rest of the relevant terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
7. Application for Products and Services On-Line
Prices, and details, of products and services (and any offers) posted online are subject to change without notice.
All products and services are subject to availability and Whypoint gives no guarantee in this regard. The provision of details of products and services on this website are not, and should not be construed as, an offer to sell or buy such products or services by the relevant company.
8. Product Specific Terms and Conditions
If you apply for any product or service detailed on this website these Terms and Conditions of Use should be read in conjunction with any other terms and conditions which relate to any such product or service and, in the event of any contradiction between these Terms and Conditions of Use and the specific terms and conditions relating to such product or service, the latter shall prevail.
9. Changes to Terms and Records of Agreements
We reserve the right to change these Terms and Conditions of Use at any time by posting changes on the website. It is your responsibility to review the website Terms and Conditions of Use regularly to ensure you are aware of the latest terms and conditions. Your use of this website after a change has been posted will be deemed to signify your acceptance of the modified terms and conditions. We recommend that you print off and retain for your records a copy of these Terms and Conditions of Use from time to time, and a copy of any terms and conditions relating to any product or service which you apply for online, together with any related application form completed and submitted. Any amendment to terms and conditions must be agreed in writing to Whypoint or, if appropriate, by the relevant company with whom you contract.
10. Ownership of Website
This website belongs to Whypoint – a private limited liability company registered in Luxembourg. Registration number: B225868. Registered Office: Whypoint S.à.r.l.-s, 5, Rue Jean-Pierre Sauvage, L-2514 Luxembourg, LUXEMBOURG.
11. Jurisdiction and Law
11.1 Whypoint makes no representation that any product or service referred to on the website are appropriate for use, or available in all locations. The information and other materials contained in this website may not satisfy the laws of all countries and those who choose to access this website are responsible for compliance with local laws if and to the extent local laws are applicable.
11.2 These Terms and Conditions of Use and any terms and conditions relating to products or services described in this website shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. Disputes arising in relation to the same shall be subject to the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg.
12. General
12.1 Headings used in these Terms and Conditions of Use are for convenience only and shall not affect their interpretation.
12.2 Any waiver by Whypoint of a breach of these Terms and Conditions of Use shall not be deemed to be a waiver of any subsequent breach of any provision.
12.3 All disclaimers, terms, conditions as set out in this website and the Privacy Policy shall form part of these Terms and Conditions of Use of this website.
12.4 Nothing in these Terms and Conditions of Use is intended to confer on any person any right to enforce any provision of these Terms and Conditions of Use which that person would not have had but for the Contract (Rights of Third Parties) Act 1999.
May 2023