Terms of Service
Updated June 16, 2025
Who we are
These are the Terms of Service for Wahying Limited. Our website address is: wahying.nz. We can be reached at the contact address on this site.
These Terms of Service constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Wahying Limited (“Company“, “we”, “us”, “our”), concerning your access to and use of the above website. This includes any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. Our Guarantee and Disclaimer form part of these Terms of Service. These can be accessed from the links in the Footer on this page.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE PROHIBITED FROM USING THE SITE. PLEASE DISCONTINUE USE IMMEDIATELY.
Wahying registered trademark
Wahying has a registered trademark application pending with the New Zealand Intellectual Property Office. The trademark, when granted, will be owned by Wahying Limited.
Huanying Connect registered trademark
Hunaying Connect has a registered trademark application pending with the New Zealand Intellectual Property Office. The trademark, when granted, will be owned by Wahying Limited.
Membership of Wahying
Purchasing a Wahying module or the entire system , makes the purchaser a ‘MEMBER’ of Wahying. Membership brings with it the rights, restrictions and obligations that are embodied in the Guarantee and Terms of Service Statements. The purchaser shall remain a member of Wahying until such time as one party or the other cancels the membership or the contract Membership period expires.
The term ‘member’ is synonymous with ‘purchaser’ in terms of these legal statements.
Terms of Service in general
Unless stated otherwise, the terms in this section apply generally when using our website. Specific or additional conditions may apply in certain situations and are noted in this document.
By using our website, you confirm that you are at least 18 years of age.
Account Terms of Service
To use the service, you may be required to register or create an account. If so, you must enter complete and truthful information.
You are responsible for keeping your login details confidential. You must choose passwords that meet high standards of strength.
By registering, you agree to take full responsibility for all activities under your username and password. Immediately inform us if you believe your account or login details have been compromised.
Conditions for account registration
By registering an account on our website, you agree to meet such conditions:
- It is not permitted to register accounts by bots or any other automated methods;
- You must register only one account, unless otherwise specified;
- Your account must not be shared with other persons unless otherwise specified.
Account termination
You can close your account and stop using our service anytime. To close your account, contact us at the contact details on this site.
Account suspension and deletion
We reserve the right to suspend or delete your account at any time and without notice if we find it inappropriate, offensive, or in violation of these terms.
Suspending or deleting accounts does not entitle you to claim for any compensation, damages, or reimbursement. The suspension or deletion of accounts due to causes attributable to you does not exempt you from paying any applicable fees or prices.
Content on the website
Unless otherwise noted, all content on our website is owned or provided by us or our licensors.
We do our best to ensure the content on our website complies with all laws and respects third-party rights. However, this may not always be achievable.
If you believe your rights are being infringed, please report any issues using the contact details provided on this site.
Rights regarding website content
We hold and reserve all intellectual property rights for all content.
You may not use such content in any way that is not necessary or implied for the proper use of the service.
Copying, downloading, sharing (beyond the limits mentioned below), modifying, translating, transforming, publishing, transmitting, selling, sublicensing, editing, transferring, assigning to third parties, or creating derivative works from the content on our website is not allowed. You also cannot allow any third party to do so through your account or device, even unknowingly.
Where explicitly stated, you may download, copy, and share some content from our website for personal and non-commercial use. In such cases, you are required to correctly implement copyright and other required attributions.
Any statutory limitations or exceptions to copyright remain unaffected.
Access to external resources
Through our website, you may access external resources provided by third parties. You acknowledge and accept that we have no control over these resources and are not responsible for their content or availability.
Conditions for third-party resources are governed by those third parties’ terms and conditions or by applicable law.
Acceptable use
Our website and service may only be used within the scope of what is provided for, under these terms and applicable law.
You are solely responsible for ensuring your use of our website and service does not violate any laws, regulations, or third-party rights.
We reserve the right to protect our interests by denying you access to our website or service, terminating contracts, and reporting any misconduct to the appropriate authorities if you are involved in or suspected of the following:
- Violating laws, regulations, or these terms;
- Infringing on third-party rights;
- Significantly impairing our legitimate interests;
- Offending us or any third party.
Paid products
Some of our products require payment. Details about fees, duration, and conditions are described below and in the dedicated sections of our website.
Product description
Prices, descriptions, and availability of products are detailed in the relevant sections of our website and may change without notice.
Although we strive for accuracy in presenting products on our website, representations are for reference only and do not guarantee the characteristics of the purchased product.
The specific characteristics of the chosen product are outlined during the purchasing process.
Order submission
When you place an order, the following apply:
- Submitting an order determines the contract conclusion and obligates you to pay the specified price, taxes, fees and expenses outlined on the order page;
- If the purchased product requires action from you, such as providing personal information or specific requests, submitting the order means you agree to cooperate accordingly;
- After submitting the order, you will receive a receipt confirming that the order has been received.
All communications regarding the purchasing process will be sent to the email address you provided.
Prices
During checkout and before order submission, you will see all charges, including any fees, taxes, and costs.
On our website, ALL prices (unless clearly stated otherwise) are displayed on a GST exclusive basis.
Methods of payment
Certain payment methods might have additional conditions or fees. In these cases, more information can be found in the related section of our website.
Retention of product ownership
Until payment of the total purchase price is received by us, any products ordered (whether tangible or intangible) will not become your property.
Delivery
Products are delivered to the address (whether physical or electronic, as appropriate) provided by you and in the manner outlined in the order summary.
Upon delivery, check the content and report any issues promptly using the contact details provided in this document or as outlined in the delivery note. If the parcel appears visibly damaged, you may refuse to accept it.
Delivery or processing times are outlined on our website or during the purchasing process.
Failed delivery
We are not liable for delivery errors due to incorrect or incomplete information provided by you. This includes information provided during the purchasing process and any damage or delays after delivery to a carrier organised by you.
If the goods are not received or collected at the time or within the period specified, they will be returned to us. We will contact you to schedule a second delivery attempt or to agree on a future course of action.
Unless otherwise agreed, each delivery attempt after the second one will be at your expense.
User Rights
Right of withdrawal
The contract you are agreeing to, unless specifically and clearly stated otherwise, is for a period of TWELVE MONTHS.
The nature of what we are selling means that is is unrealistic to offer any refund for early cancellation of the contract.
To be clear: NO REFUNDS FOR EARLY CONTRACT CANCELLATION WILL BE MADE UNDER ANY CIRCUMSTANCES.
Note that our Guarantee remains and will be 100% honored. See the appropriate Guarantee page for full details.
Liability and Indemnification
We limit our liability as much as legally allowed when executing agreements with you. This means our responsibility for damages is reduced to the maximum extent permitted by law unless explicitly stated otherwise or agreed upon with you.
Indemnification
You agree to indemnify us and our affiliates, officers, directors, and employees from any claims or demands made by third parties due to or in connection with any culpable violation of these terms or third-party rights related to your use of the service to the extent allowed by law.
Limitation of liability
Unless explicitly stated otherwise and subject to applicable law, you cannot claim damages against us (or any individual or entity acting on our behalf).
Unless damages stem from intentional or gross negligence, our liability is limited to typical and foreseeable damages at the time the contract was entered into.
Common Provisions
No waiver
Our failure to assert any right or provision under these terms does not waive that right or provision. No waiver will constitute a continuing waiver of such term or any other term.
Service interruption
To maintain the best service level, we reserve the right to interrupt the service for maintenance, updates, or other changes, with appropriate notification.
We may suspend or discontinue the service within legal limits. If discontinued, we will assist you in withdrawing personal data and respect your rights regarding continued product use and compensation under applicable law.
The service may be unavailable due to events beyond our reasonable control, such as infrastructure breakdowns or blackouts.
Service reselling
You may not reproduce, duplicate, copy, sell, or exploit any part of our website or its service without our express written permission, granted directly.
Intellectual property rights
All intellectual property rights associated with our website, including copyrights, trademark rights, patent rights, and design rights, are exclusively owned by us or our licensors. These rights are protected by applicable laws and international treaties concerning intellectual property.
All trademarks and any other marks, trade names, service marks, word marks, illustrations, images, or logos associated with our website, are and remain the exclusive property of Wahying Limited. These are also protected by applicable laws and international treaties related to intellectual property.
Assignment of contract
We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these terms, considering your legitimate interests. Provisions about changes to these terms will apply accordingly.
You cannot assign or transfer your rights or obligations under these terms without our written permission.
Contact
All communications regarding the use of our website must be sent using the contact information provided on this site.
Severability
Invalidity or unenforceability of any provision under applicable law will not affect the validity of other provisions, which will remain in full force and effect.
Governing law
These terms are governed by the law of the place where we are based, without regard to conflict of laws principles.
Prevalence of Jurisdiction
However, regardless of the above, if the law of the country that you are based on provides for higher applicable consumer protection standards, such higher standards will prevail.
Venue of jurisdiction
The jurisdiction over any controversy related to these terms lies with the courts of the place where we are based, as outlined in the relevant section of this document.
‘Unlimited’: meaning and use
We will 100% honour the common use meaning of the term ‘unlimited’, as contained in our website.
This term refers to, when you purchase one of our plans, we pledge to allow you to submit (e.g. for translation or posting and so on), within the stated period (e.g. ‘one year’) an unlimited amount of material.
As always with such things, there are a minority who attempt to game the system and abuse the term.
For example, one motel owner submitting material for his own business, then along with other businesses that are clearly, by any common understanding, outside of the control of the business that signed up to and paid for the plan.
As such, Wahying must be satisfied that any use of the ‘unlimited’ right is being adhered to, in the sense of the common understanding of the word ‘unlimited’.
In accordance with this, Wahying reserves the right to refuse service and cancel the contracted Plan if it believes gaming or abuse is occurring or is attempted. This cancellation will be without any form of refund or reimbursement.
CHANGES TO THIS STATEMENT
Whilst we try our best to keep to be open and transparent in all things we do, ultimately it is YOUR responsibility to read our Terms and Conditions, Privacy Policy, Disclaimer and Guarantee and Refund Policy.
The English language version of this statement is the controlling version, regardless of any translation you may attempt.
We reserve the right to change or update this statement from time to time. Please check our online and mobile resources periodically for such changes. All matters related to this statement are subject to the statement in place at that time.
It is YOUR responsibility to familiarize yourself with any changes to the Terms of Service.
OTHER LEGAL PAGES
See our Guarantee here.
See our Privacy Statement here.
CONTACTING US
If you have questions about legal matters concerning Wahying (Privacy, Terms of Service or our Guarantee) then please email us here.