Waanverse Investment Network (WIN) - Terms & Conditions
Effective Date: March 03, 2025 | Last Updated: March 03, 2025
1. Introduction and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between Waanverse Labs, a company registered and incorporated in Uganda ("Waanverse," "Waanverse Investment Network," "WIN," "we," "us," or "our"), and you, the user ("User," "you," or "your"). These Terms govern your access to and use of the Waanverse Investment Network platform, including its features, technologies, functionalities, website, WIN app, and any other services offered by Waanverse Investment Network (collectively, the "WIN Services").
By accessing or using the WIN Services, including but not limited to registering an account, clicking "I Agree" (or a similar acceptance mechanism), contributing funds, or otherwise interacting with the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the WIN Services, and you must immediately cease all use.
Your use of the WIN Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and protect your personal information.
Waanverse Labs is a company registered and incorporated in Uganda.
2. Definitions
For the purposes of these Terms, the following definitions shall apply:
- "Account" means the registered account you create to access and use the WIN Services.
- "Agreement" or "Terms" means these Terms of Service, including any amendments or updates.
- "Assets" means the various financial instruments or assets in which Waanverse invests User funds, including but not limited to stocks, bonds, real estate, cryptocurrencies, and other investment vehicles.
- "Contributions" or "Investments" means the funds you transfer to Waanverse for investment purposes through the Platform.
- "Force Majeure" means events that are beyond the control of the Parties.
- "Intellectual Property" means all trademarks, service marks, trade names, logos, copyrights, patents, trade secrets, and other proprietary rights.
- "KYC" means "Know Your Customer," referring to the identity verification process required by applicable laws and regulations.
- "AML" means "Anti-Money Laundering," referring to the laws and regulations designed to prevent money laundering and terrorist financing.
- "Platform" means the Waanverse Investment Network online platform, including the website, the WIN app, and all associated features and functionalities.
- "Privacy Policy" means the Waanverse Privacy Policy, available at Privacy policy, which governs the collection, use, and disclosure of your personal information.
- "Returns" means the profits or losses generated from Investments, which may be positive or negative.
- "User," "you," or "your" means any individual or entity accessing or using the WIN Services, including registered users and account holders.
- "Waanverse," "Waanverse Investment Network," "WIN," "we," "us," or "our" means Waanverse Labs, a company registered and incorporated in Uganda.
- "WIN Services" means all features, technologies, functionalities, and services offered by Waanverse Investment Network, including but not limited to those available on our website, in the WIN app, or through any other means.
- "Working Day" or "Business Day" means any day, when banks are open for business transactions in Uganda.
3. Third-Party Providers
Waanverse Investment Network utilizes third-party service providers ("Third-Party Providers") to facilitate various aspects of the WIN Services, including but not limited to payment processing, brokerage services, data aggregation, identity verification (KYC/AML), and customer support. These Third-Party Providers may have their own terms of service and privacy policies, which we agree to on your behalf.
3.1 Data Sharing and Consent
By using the WIN Services, you explicitly consent to the sharing of your personal information with our Third-Party Providers as necessary to provide the WIN Services and comply with applicable laws and regulations. This may include sharing information with our banking partners, payment processors, brokerage firms (such as Chipper Cash and DriveWealth, as detailed below), identity verification services, and regulatory bodies. We will only share information that is reasonably necessary for these purposes and will take reasonable steps to ensure that our Third-Party Providers protect your information in accordance with applicable privacy laws.
3.2 Limitation of Liability for Third-Party Services
To the fullest extent permitted by applicable law, Waanverse Investment Network shall not be liable for any losses, expenses, damages, liabilities, charges, or claims of any kind (collectively, "Losses") arising from or related to the acts or omissions of any Third-Party Provider, except to the extent that such Losses are directly and proximately caused by Waanverse's own gross negligence, willful misconduct, or bad faith in selecting or instructing such Third-Party Provider.
Waanverse will not be held liable for any Losses resulting from:
- Any action taken by you or on your behalf in connection with a Third-Party Provider.
- Force majeure or other events beyond Waanverse's reasonable control, including but not limited to system outages, cyber-attacks, unauthorized access, strikes, pandemics, failure of utility systems, severe weather, or other causes commonly known as "acts of God."
- General market conditions or investment risks unrelated to any violation of this Agreement by Waanverse or its Third-Party Providers.
- The failure, default, delay, or error of any Third-Party Provider, except as expressly stated above.
3.3 Brokerage Services (Chipper Cash and DriveWealth)
Brokerage services for the Waanverse Investment Network are provided by Chipper Cash, a USA-incorporated company, and DriveWealth, a registered broker-dealer and member of FINRA and SIPC.
DriveWealth Disclosure: DriveWealth is a registered broker-dealer, member of FINRA and SIPC. Your cash and investments held through DriveWealth are protected by SIPC up to $500,000, with a limit of $250,000 for cash. It is important to understand that investment accounts held through DriveWealth are:
- Not FDIC Insured
- Not Bank Guaranteed
- May Lose Value
3.4 Access to Agreement
You may, at any time and at no cost to you, obtain a copy of this Agreement applicable to you by accessing the Website or App and downloading the version available. Alternatively, you may contact us at [email protected] and we will provide a copy to you via e-mail or post.
4. Eligibility and Account Registration
4.1 Eligibility Requirements
To be eligible to use the WIN Services, you must:
- Be at least 18 years of age and have the legal capacity to enter into a binding agreement.
- Be a resident of Uganda.
- Not be prohibited from using the WIN Services under applicable laws or regulations, including but not limited to sanctions lists.
- Provide accurate, complete, and up-to-date information during the registration process and throughout your use of the WIN Services.
- Comply with all the terms of this agreement.
4.2 Account Creation
To access and use the WIN Services, you must create an Account. The Account creation process may require you to provide personal information, including but not limited to:
- Your full legal name
- Your date of birth
- Your residential address
- Your email address
- Your mobile phone number
You agree to provide accurate, complete and up-to date information.
4.3 KYC/AML Compliance
Waanverse Investment Network is committed to complying with all applicable Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations. As part of the account registration process and ongoing use of the WIN Services, you may be required to provide additional information and documentation to verify your identity and comply with these regulations. This may include, but is not limited to, providing government-issued identification, proof of address, and information about the source of your funds. Failure to provide requested information or documentation may result in the suspension or termination of your Account.
4.4 Account Security
You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username and password. You are also responsible for all activities that occur under your Account, whether or not authorized by you. You agree to immediately notify Waanverse of any unauthorized access to or use of your Account or any other breach of security. Waanverse will not be liable for any losses arising from your failure to comply with this section.
4.5 Prohibited Activities
The following activities are strictly prohibited:
- Creating multiple accounts.
- Creating an account on behalf of someone else.
- Using false or misleading information.
- Accessing another user's account without authorization.
5. Account Security and Wallets
5.1 Account Security
Maintaining the security of your Waanverse Investment Network Account is of paramount importance. You are solely responsible for:
- Creating a strong and unique password.
- Keeping your password and any other login credentials confidential.
- Not sharing your Account credentials with any third party.
- Immediately notifying Waanverse of any unauthorized access to or use of your Account or any other security breach.
Waanverse employs industry-standard security measures to protect your Account and information, but we cannot guarantee absolute security. You acknowledge and agree that you use the WIN Services at your own risk. Waanverse will not be liable for any losses arising from your failure to comply with these security responsibilities.
5.2 Account Wallets
Your Waanverse Investment Network Account features two distinct wallets:
- Cash Wallet: This wallet holds the funds you deposit into your Account. Funds in the Cash Wallet are *not* invested and are available for withdrawal, subject to any applicable withdrawal restrictions and fees. Waanverse will *not* use funds in your Cash Wallet for investment purposes unless you explicitly transfer them to the Asset Holding Wallet.
- Asset Holding Wallet: This wallet holds the investments made on your behalf by Waanverse. Funds must be transferred from your Cash Wallet to your Asset Holding Wallet to be invested. The value of your Asset Holding Wallet will fluctuate based on the performance of the underlying Assets.
You have full control over transferring funds between your Cash Wallet and your Asset Holding Wallet, subject to these Terms.
5.3 Transaction Fees
Waanverse covers the transaction fees charged by third-party payment processors and other intermediaries for deposits and withdrawals. However, Waanverse charges other fees for using the WIN Services, as detailed in our Fees and Tariffs schedule. This schedule is subject to change from time to time. You can access the most up-to-date Fees and Tariffs schedule in the Help Center section of the Platform or by contacting us directly. It is your responsibility to review the Fees and Tariffs schedule before using the WIN Services.
6. Investment Process
6.1 Contribution of Funds
Users may contribute funds (make Investments) to the Platform using the following approved payment methods:
- Mobile Money (MTN, Airtel), Credit/Debit Card (Visa, Mastercard), Mpesa
The minimum Investment amount is UGX. 2000. No maximum limit. Waanverse reserves the right to change these limits at any time, with or without prior notice, to comply with regulatory requirements or for risk management purposes.
6.2 Investment Allocation and Strategy
Waanverse will allocate User Investments across a diversified portfolio of Assets. Our investment strategy aims to achieve long-term capital growth while managing risk, and generate a stable income stream. The specific allocation to different Asset classes may vary over time based on market conditions, economic outlook, and our internal investment policies.
Waanverse may invest in the following Asset classes:
- Stocks (publicly traded equities)
- Bonds (government and corporate)
- Real Estate (direct or indirect investments)
- Cryptocurrencies
- Commodities (Oil, agricultural produce)
This is not an exhaustive list.
6.3 Risk Disclosure
INVESTING INVOLVES SIGNIFICANT RISK, INCLUDING THE POTENTIAL LOSS OF PRINCIPAL. YOU COULD LOSE SOME OR ALL OF YOUR INVESTED CAPITAL. Past performance is not indicative of future results. The value of Investments can fluctuate, and there is no guarantee that you will achieve your investment objectives.
Specific risks associated with investing through the Platform include, but are not limited to:
- Market Risk: The risk that the value of your Investments may decline due to overall market conditions.
- Liquidity Risk: The risk that you may not be able to withdraw your funds quickly or easily when needed.
- Asset-Specific Risks: Each Asset class has its own unique risks (e.g., volatility in cryptocurrency markets, interest rate risk for bonds, economic downturns affecting real estate).
- Cybersecurity Risk: The risk of loss due to cyber-attacks, hacking, or other security breaches.
- Regulatory Risk: Changes in laws or regulations could impact the value of your Investments or the operation of the Platform.
- Operational Risk The risk of loss resulting from inadequate or failed internal processes, people, and systems, or from external events.
Waanverse takes measures to mitigate these risks, but we cannot eliminate them entirely. You should carefully consider your investment objectives, risk tolerance, and financial situation before investing. It is recommended that you seek independent financial advice if you have any doubts.
6.4 Returns and Distributions
Returns on Investments are not guaranteed and will vary depending on the performance of the underlying Assets held in the Waanverse Investment Network portfolio. Waanverse does not provide fixed returns.
Your Asset Holding Wallet performance is updated daily at 23:00 PM EAT (East Africa Time) to reflect your proportional share of the overall profits or losses generated by the Waanverse investment portfolio. This daily update represents the change in value of the Assets held, allocated to your Account based on your percentage ownership of the total invested funds.
The daily return is calculated as:
- The total value of the Waanverse portfolio is calculated.
- The previous total value of the Waanverse portfolio is calculated.
- The percentage change in the Waanverse portfolio's value is determined.
- This percentage change is then applied to the value of your individual Asset Holding Wallet.
You may request a withdrawal of your available funds from your Cash Wallet, subject to any applicable fees and withdrawal restrictions. Withdrawal requests will be processed within 1 business day. Waanverse may delay or deny withdrawal requests if necessary to comply with legal or regulatory requirements, for security reasons, or during periods of high market volatility.
7. Fees and Charges
Waanverse Investment Network charges fees for the use of the WIN Services. These fees are essential for covering operational costs, maintaining the platform, and providing ongoing support and development. A comprehensive and up-to-date schedule of all applicable fees and charges ("Fees and Tariffs") is available in the Help center section of the Platform. You can also request a copy of the Fees and Tariffs by contacting us at [email protected].
It is very important that users must review these before proceeding.
7.1 Types of Fees
Fees may include, but are not limited to:
- Management Fee: A fee charged for managing your investments. This may be calculated as a percentage of your Asset Holding Wallet balance or based on another method. Details are provided in the Fees and Tariffs.
- Performance Fee: A fee charged on profits generated from your investments. This fee is typically only charged if the investment performance exceeds a certain benchmark. Details are provided in the Fees and Tariffs.
- Withdrawal Fee: A fee charged when you withdraw funds from your Cash Wallet. This may be a fixed fee or a percentage of the withdrawal amount. Details are provided in the Fees and Tariffs.
- Inactivity Fee: Charged when a users does not use their account for a specific time.
The specific amounts and calculation methods for all fees are detailed in the Fees and Tariffs.
7.2 Changes to Fees
Waanverse reserves the right to modify the Fees and Tariffs at any time. We will provide 30 days prior notice of any material changes to the fees by posting a notice on the Platform, and sending an email to your registered email address. Your continued use of the WIN Services after the effective date of any fee changes constitutes your acceptance of the revised Fees and Tariffs.
7.3 Third-Party Fees
As mentioned in section 3, Waanverse covers transaction fees charged by Third Party Providers.
8. User Conduct and Responsibilities
As a user of the WIN Services, you agree to abide by the following rules of conduct and accept the following responsibilities:
8.1 Compliance with Laws
You are solely responsible for complying with all applicable laws and regulations in your jurisdiction and in Uganda, including but not limited to those related to financial transactions, investments, taxation, anti-money laundering (AML), and countering the financing of terrorism (CFT).
8.2 Accurate Information
You agree to provide true, accurate, current, and complete information during the registration process and throughout your use of the WIN Services. You agree to promptly update your information if it changes. Providing false or misleading information may result in the suspension or termination of your Account.
8.3 Prohibited Activities
In addition to the prohibited activities listed in Section 4.5, the following activities are strictly prohibited:
- Using the WIN Services for any illegal or unauthorized purpose.
- Engaging in any activity that could harm, disrupt, or interfere with the operation of the WIN Services or the experience of other users.
- Attempting to gain unauthorized access to any part of the WIN Services, other user accounts, or Waanverse's systems or networks.
- Using any automated means (e.g., bots, scripts, scrapers) to access or interact with the WIN Services without Waanverse's prior written consent.
- Circumventing or attempting to circumvent any security measures implemented by Waanverse.
- Engaging in any fraudulent or deceptive activity.
- Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.
- Harassing, threatening, or intimidating any other user or Waanverse employee.
- Violating the intellectual property rights of Waanverse or any third party.
- Sharing your account or letting any one else access it.
- Using the platform for money laundering.
- Using the WIN service for any restricted business.
8.4 Communication
Waanverse may communicate with you regarding your Account and the WIN Services through various channels, including email, in-app notifications, and SMS messages. You are responsible for ensuring that your contact information is up-to-date and that you can receive communications from Waanverse. Waanverse will not be liable for any failure to receive communications due to inaccurate contact information or technical issues on your end.
8.5 Reporting Violations
If you become aware of any violation of these Terms by another user, you agree to immediately report it to Waanverse at [email protected].
9. Intellectual Property
9.1 Ownership
All intellectual property rights in and to the WIN Services, including but not limited to the Platform (website and app), software, trademarks, service marks, trade names, logos, copyrights, patents, trade secrets, content, designs, and any other proprietary materials (collectively, "Waanverse IP"), are owned by Waanverse Labs or its licensors. Nothing in these Terms grants you any right, title, or interest in or to the Waanverse IP, except for the limited license expressly granted in Section 9.2.
9.2 Limited License
Subject to your compliance with these Terms, Waanverse grants you a limited, non-exclusive, non-transferable, non-sublicense, revocable license to access and use the WIN Services solely for your personal, non-commercial use in accordance with these Terms. This license does not permit you to:
- Copy, reproduce, modify, distribute, display, perform, or create derivative works based on the Waanverse IP.
- Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Platform or any part thereof.
- Use the Waanverse IP for any commercial purpose without Waanverse's prior written consent.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the Platform or any other Waanverse IP.
- Use the Waanverse IP in any way that violates these Terms or any applicable laws or regulations.
9.3 User Content
You may be permitted to submit or upload content to the Platform (e.g., profile information, communications) ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content. However, by submitting User Content to the Platform, you grant Waanverse a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicense license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform your User Content in connection with the operation and promotion of the WIN Services. You represent and warrant that you have all necessary rights and permissions to grant this license.
9.4 Copyright Infringement
Waanverse respects the intellectual property rights of others and expects users to do. If you have any complaints contact us through [email protected].
10. Termination
10.1 User Termination
You may request termination of your Account at any time, for any reason, by contacting our support team at [email protected]. If you have any funds in your Cash Wallet or Asset Holding Wallet, you must withdraw those funds before your Account can be closed. Waanverse will provide instructions on how to withdraw your funds upon receiving your termination request. Once your funds have been withdrawn and your request has been processed, your access to the WIN Services will be revoked.
10.2 Waanverse Termination
Waanverse reserves the right to suspend or terminate your Account, or your access to all or part of the WIN Services, at any time, with or without cause, and with or without notice, including but not limited to:
- Violation of these Terms.
- Engaging in any prohibited activity.
- Providing false or misleading information.
- Failure to comply with KYC/AML requirements.
- Suspected fraudulent or illegal activity.
- If required by law or by a regulatory authority.
- For any other reason Waanverse deems appropriate, in its sole discretion.
Waanverse shall not be liable to you or any third party for any such suspension or termination. If Waanverse terminates your Account and you have funds remaining in your Cash Wallet or Asset Holding Wallet, we will contact you using the information associated with your Account and request that you withdraw those funds. You will be responsible for providing accurate withdrawal information. Waanverse will make reasonable efforts to return your funds, less any applicable fees, but we cannot guarantee the return of funds if you fail to provide accurate withdrawal information or if we are prevented from doing so by legal or regulatory requirements.
10.3 Effect of Termination
Upon termination of your Account, for any reason:
- Your right to access and use the WIN Services will immediately cease.
- Any provisions of these Terms that, by their nature, should survive termination (e.g., intellectual property, disclaimers, limitations of liability, indemnification, governing law) will survive termination.
11. Disclaimers and Limitations of Liability
11.1 Disclaimer of Warranties
THE WIN SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY. WAANVERSE DOES NOT WARRANT THAT THE WIN SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE WIN SERVICES AT YOUR OWN SOLE RISK.
11.2 Investment Risks
WAANVERSE DOES NOT PROVIDE PERSONALIZED INVESTMENT ADVICE. While Waanverse makes investment decisions on behalf of users within the framework of our stated investment strategy, you acknowledge and agree that all investing involves significant risk, including the potential loss of principal. Past performance is not indicative of future results. Waanverse does not guarantee any specific investment outcomes. The investment decisions made by Waanverse on behalf of users are based on our internal policies and assessment of market conditions, but these decisions are inherently subject to risk and uncertainty. You are entrusting Waanverse with the management of your investments, and you understand that the value of those investments may fluctuate, and you could lose some or all of your invested capital.
11.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAANVERSE LABS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "WAANVERSE PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WAANVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:
- YOUR USE OF OR INABILITY TO USE THE WIN SERVICES;
- ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR PERSONAL INFORMATION;
- ANY ERRORS OR OMISSIONS IN THE WIN SERVICES;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WIN SERVICES;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WIN SERVICES BY ANY THIRD PARTY;
- ANY ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER;
- ANY INVESTMENT LOSSES OR OTHER FINANCIAL HARM;
- ANY OTHER MATTER RELATING TO THE WIN SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WAANVERSE PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WIN SERVICES EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO WAANVERSE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WAANVERSE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Indemnification
You agree to indemnify, defend, and hold harmless Waanverse Labs, its affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, the "Waanverse Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of or inability to use the WIN Services;
- Your violation of these Terms;
- Your violation of any rights of any other person or entity (including, but not limited to, intellectual property rights);
- Your violation of any applicable laws or regulations;
- Any content you submit, post, or transmit through the WIN Services;
- Your negligence or willful misconduct.
Waanverse reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Waanverse in asserting any available defenses. This indemnification obligation will survive the termination of these Terms and your use of the WIN Services.
13.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by binding arbitration administered by the Centre for Arbitration and Dispute Resolution (CADER) in accordance with its Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- The arbitration shall take place in Kampala, Uganda.
- The language of the arbitration shall be English.
- The number of arbitrators shall be one (1).
- The arbitrator(s) shall have the authority to award any remedy or relief that a court of competent jurisdiction in Uganda could order or grant, including, but not limited to, specific performance of any obligation created under these Terms, the issuance of an injunction, or the award of damages. However, the arbitrator(s) shall not have the authority to award punitive or exemplary damages, and the parties hereby waive any right to seek or recover such damages.
- The costs of the arbitration, including the fees of the arbitrator(s) and the administrative fees of CADER, shall be borne by the party initiating the arbitration, except that the arbitrator(s) may, in their discretion, apportion the costs differently if they determine that it would be equitable to do so. Each party shall bear its own attorneys' fees and expenses.
- The arbitration proceedings and award shall be confidential, and neither party shall disclose any information relating to the arbitration to any third party, except as required by law or to enforce the award.
- The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
14. Modifications to Terms
Waanverse Labs reserves the right to modify these Terms at any time, in its sole discretion. If we make material changes to these Terms, we will provide notice to you by:
- Posting the updated Terms on the Platform (website and/or app) with a revised "Effective Date."
- Sending an email to the email address associated with your Account.
- Providing an in-app notification.
We will give a 10 days notice.
It is your responsibility to review the Terms periodically for any changes. Your continued use of the WIN Services after the effective date of any modifications to the Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the WIN Services.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and the Fees and Tariffs, constitute the entire agreement between you and Waanverse Labs concerning your use of the WIN Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Waanverse with respect to the WIN Services.
15.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving its original intent as closely as possible.
15.3 Waiver
No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or a waiver of any other term or provision, and Waanverse's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without Waanverse's prior written consent. Waanverse may freely assign these Terms and its rights and obligations hereunder without your consent. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.
15.5 Notices
Except as otherwise provided in these Terms, all notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to Waanverse:
Waanverse Labs
P.O. Box 501168 Wandegeya, Kampala
Uganda
Email: [email protected]
If to you: At the email address or physical address associated with your Account.
You are responsible for keeping your contact information up-to-date.
15.6 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Waanverse.
15.7 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
15.8 Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement (other than payment obligations) due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics or epidemics, shortages of transportation facilities, fuel, energy, labor or materials, or failures of the internet or telecommunications infrastructure (each, a "Force Majeure Event"). The time for performance shall be extended for a period equal to the duration of the Force Majeure Event.
15.9 Electronic Communications
By using the WIN Services, you consent to receive electronic communications from Waanverse, including but not limited to emails, in-app notifications, and SMS messages. You agree that all agreements, notices, disclosures, and other communications that Waanverse provides to you electronically satisfy any legal requirement that such communications be in writing.
15.10 Headings
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.