Terms of Use
Last updated: December 19, 2024
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company used by You on any electronic device, named Wand or Wand Awards
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Virginia, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Wand Compliance LLC, 8401 MAYLAND DR STE A, RICHMOND, VA 23294 USA.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Service refers to the Application or the Website or both.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Wand Awards, accessible from https://www.wandawards.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
No Guarantee of Award
Participation in the Wand Awards program does not guarantee receipt of an award. Awards are granted based on the criteria set forth by our independent judging panel and are subject to their sole discretion. The Company does not guarantee that any applicant will be selected as a finalist, winner, or receive any specific recognition. Any promotional or marketing material suggesting potential selection is purely illustrative and should not be interpreted as a guarantee of success.
Judging and Evaluation Process
All award applications are reviewed and assessed by a panel of judges selected by the Company. Judges may include industry experts, past winners, or other qualified professionals. Evaluations are based on objective and subjective criteria, which may include the merit of the application, alignment with award categories, and comparative analysis with other applicants.
The Company reserves the right to modify judging criteria at any time and without prior notice. The decisions of the judging panel are final and binding, and no appeals or challenges will be accepted. The Company is not obligated to provide feedback, justification, or reasoning for selection or non-selection.
Bias and Fairness Statement
We strive to ensure a fair and unbiased judging process. However, by participating in the awards program, you acknowledge that awards evaluation is inherently subjective, and that the Company, its judges, or affiliates are not liable for any perceived biases, inconsistencies, or unfavorable outcomes. The Company does not accept responsibility for any claim of discrimination, favoritism, or unfair treatment. The Company does not disclose bias and fairness reports, nor does it mandate any transparency in awardee selection.
Disqualification and Compliance
The Company reserves the right to disqualify any applicant who provides false, misleading, or incomplete information in their submission. Additionally, submissions that violate applicable laws, ethical standards, or the values of the Company may be removed from consideration at our sole discretion. Disqualifications may occur without prior notice, and disqualified applicants are not entitled to refunds or reconsideration.
The Company also reserves the right to revoke an award at any time if post-selection review determines that the recipient engaged in unethical practices, violated submission guidelines, or failed to maintain the standard expected of an awardee.
Use of Submission Content
By submitting an application, you grant the Company a non-exclusive, royalty-free, worldwide license to use submitted materials, including business names, descriptions, testimonials, logos, and other media, for promotional and marketing purposes related to the awards program. The Company will not disclose sensitive proprietary information without explicit permission but assumes no liability for unintended disclosures.
Applicants may request removal of certain content from public marketing materials, but the Company is under no obligation to honor such requests if the content has already been distributed.
Fees, Payments, and Refunds
Submission fees, if applicable, must be paid in full before an application is considered. Fees are non-refundable, including in cases of disqualification, withdrawal, or non-selection. The Company reserves the right to modify fee structures and deadlines at its discretion and is under no obligation to provide extensions, exceptions, or financial accommodations.
No Liability for Award Outcomes
The Company, its employees, affiliates, and judges shall not be held liable for any loss, damages, or claims arising from an applicant’s participation in the awards program, including but not limited to lost business opportunities, reputational impact, financial loss resulting from an award decision, or reliance on award marketing materials.
The Company is not responsible for the actions or opinions of third parties regarding award recipients, including but not limited to media coverage, public commentary, or social media engagement. Applicants agree that they participate in the awards program at their own risk.
Changes to the Awards Program
The Company reserves the right to modify, suspend, or cancel the awards program at any time without prior notice. Any changes to rules, judging criteria, or eligibility will be communicated through official Company channels. The Company is not liable for any inconvenience or loss resulting from modifications or cancellations.
Indemnification
By participating in the Wand Awards, applicants agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and judges from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising from participation in the awards program, reliance on an award, or violation of these terms and conditions.
Acceptance of Terms
By submitting an application for the Wand Awards, you acknowledge and agree to these terms and conditions. If you do not agree with any part of these terms, you should not participate in the awards program. Your continued use of the Service constitutes your acceptance of any modifications to these terms.
For any questions regarding the awards program, please contact us at info@wandawards.com.
Liabilities
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Judging Process, Anonymity, and Fairness
All submissions are reviewed through a rigorous judging process that ensures fairness, transparency, and impartiality. The selection process is conducted anonymously, meaning judges do not have access to identifying information about applicants to eliminate potential bias. Entry fees are used solely to cover administrative, operational, and platform costs, ensuring that the award remains sustainable and continues to recognize outstanding businesses. There is no "pay to play" element, and purchasing an entry does not guarantee selection or influence the judging outcome in any way. The odds of winning are based solely on the merits of the application and the decision of our independent judging panel.
Clarification Regarding 2024 Winners
Any references to 2024 winners are for illustrative and promotional purposes only. These selections were made independently to showcase the vision of the awards program and do not reflect actual competition results. No applications were received, reviewed, or evaluated for the 2024 cycle, and no fees were collected in connection with these selections.
Testimonials and Endorsements
Testimonials featured on the website are from individuals and businesses who have expressed interest in Wand and believe in the value of the awards program, but they are not necessarily past applicants or winners. These endorsements are based on their perspective of how the awards could benefit businesses like theirs and their enthusiasm for the platform. Any testimonial presented reflects a general opinion about the concept of Wand rather than direct participation in a past awards cycle.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will only benefit from any mandatory provisions of the U.S.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us: info@wandawards.com