Last Modified: 20 July 2023

Welcome to Happy Wally, an app designed to make you smile!

These Terms and Conditions (the "Terms") govern your access and use of the Happy Wally app (the "App"), which is available for download on Google Play and the Apple App Store. The App is owned and operated by VirtualWorxs ("we," "us," or "our").

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal device, subject to these Terms. You may not use the App for any commercial purpose or in any manner not authorized by these Terms.

The App is free to download and use, but certain features or content may be available for purchase within the App ("In-App Purchases"). In-App Purchases are processed through the applicable app store (e.g., Google Play or Apple App Store), and you may be required to provide your payment information to the app store to complete the transaction. Please review the app store's terms and conditions and privacy policy for more information about their practices.

Contents from Tik Tok may appear in Happy Wally. By accessing and using Happy Wally, you likewise agree to conform with all terms and conditions of Tik Tok, including its Developer Terms of Service and its Commercial Terms of Service.

The following are incorporated herein and by your continued access and use of Happy Wally, you abide and conform to the same Tiktok Developer Terms of Service and Tiktok Commercial Business Terms of Service.

Happy Wally acknowledges the intellectual property rights pertinent to said contents.

You agree to use the App in a manner that complies with all applicable laws and regulations. You also agree not to:

• Engage in any unlawful, fraudulent, or deceptive activity;
• Transmit any content that is harmful, abusive, defamatory, vulgar, or otherwise objectionable;
• Interfere with or disrupt the proper functioning of the App or the servers that support it;
• Reverse-engineer, decompile, or disassemble the App or any part of it;
• Remove any copyright, trademark, or other proprietary notices from the App;
• Use the App for any purpose other than your personal, non-commercial use.

The App and all related content, including text, graphics, images, logos, and software, are the property of VitualWorxs or its licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use of the App or its content may result in a violation of these laws.

The App is provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components.

In no event shall we, our affiliates, or our respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App or any In-App Purchases, whether based on contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

We may update these Terms from time to time. We will notify you of any changes by posting the updated Terms on the App. Your continued use of the App after the effective date of the updated Terms constitutes your acceptance of the changes.

We may terminate your access to the App at any time and for any reason, such as, but not limited to, violations of these Terms. Upon termination, you must cease all use of the App and uninstall it from your device.

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts located in Victoria, Australia.

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

These Terms, together with any additional terms and conditions you agree to when making In-App Purchases or using specific features of the App, constitute the entire agreement between you and us with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

If you have any questions or concerns about these Terms or your use of the App, please contact us at:

VirtualWorxs Pty Ltd
433 Collins Street, Melbourne 3000
Victoria, Australia
app@happywally.com