Terms & Conditions

Thank you for joining our team of wish-makers and buyers. Our mission is to provide the best platform for wish makers and buyers to interact.  By joining Buy a Wish (BAW), we would like to make sure you understand the terms and conditions of our platform to better serve you.

Please read these Terms and conditions carefully before using any of our services.

Our Community

To better advance our mission, we strive to provide as many users with a quality experience. Please be advised we cannot guarantee a certain time frame of when the wish will be granted but will do our best to fulfill it in a timely manner. Also be aware that any participant must practice the following requirements:

You Must: 

  • Use the same name that you use in your everyday life

  • Provide accurate information about yourself

  • Create only one account

  • Provide only one wish per year

  • Not share your password, give access to your account to others, or transfer your account to anyone else.

BAW Requirements

If you are under 18 years old, you must have a parent’s permission to use our services.

Permission to use content you create and share, such as photos and videos that you upload. These are your own the intellectual property rights.

You May Not Use BAW 

  • If you are a convicted sex offender

  • If you have a previously disabled account for violations of terms or policies.

  • If you are prohibited from receiving our products, services, or software under applicable laws.

  • If you do anything that is unlawful, misleading, discriminatory or fraudulent

  • If you infringe or violate someone else’s rights including intellectual property rights.

  • If you upload viruses or malicious code or do anything that could disable, overburden or impair the proper working or appearance of our products. 

  • If you access or collect data from our products using automated means or attempt to access data you do not have permission to access.

Permission for BAW

In order to provide our services we need you to give us some legal permission to use this content. Specifically, when you upload a video or photo or data or content that is covered by intellectual property rights, on or in connection with our products, you grant us a non-exclusive transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.

You give BAW permission to use your name, profile picture or content, and information about your actions with ads and sponsored content that you have uploaded on BAW next to or in connection with ads, offers, and other sponsored content that we display across our products, without any compensation to you.

You give BAW permission to update software you use or download and install updates to software where available.

If you use content covered by our intellectual property rights that we have and make available to our users, 

User Comments

We may host reviews, message boards, blog feeds, social media feeds and other forums found on the Site, and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site.

By submitting User Content, you certify that you are at least 18 years old, or you have obtained your parent's or legal guardian's express consent to submit User Content. You own all rights to your User Content. 

If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. 

This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.

Statements, opinions, and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.

You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person's name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor's parent or legal guardian.

We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.

If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.

How Our Services are Funded

We don’t charge wish makers to use BAW or the other products and services covered by these terms. Instead buyers make your wish come true by purchasing your wish. By using our products you agree that we can show your profile and wish to anyone interested to be a buyer.

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you, unless you give us specific information to do so.  Protecting a Wish-makers privacy is essential to how we have set up our platform.  

Buying A Wish

Buy A Wish, may charge fees for buying wishes through our Site and/or otherwise using our Services, as well as delivery or fulfilment fees (collectively referred to as "Service Fees"). Service Fees may vary depending on the wish. BAW, may in its sole and absolute discretion change its Service Fees at any time, including after a wish maker, makes their wish. Any applicable Service Fees including any taxes if applicable will be disclosed to you prior to listing or buying a wish and may charge and/or retain Service Fees if you do not fulfill your contractual obligations under this User Agreement.

If you as a Wish buyer do not fulfill your contractual obligations under this User Agreement and the Seller Policies, BAW may charge you certain fees and/or costs in accordance with the our Policies.

If you as a Wish maker change your postal address after you have completed your wish and require Buy A Wish to deliver your wish(s) to this new postal address, or if you have specified an incorrect postal address, Buy A Wish may charge you for any additional delivery costs which arise out of re-arranging the delivery of your wish(s) to the new or correct postal address. Such additional delivery costs may be charged to your Payment Method.

We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. BAW, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information Buy a Wish reported to a credit bureau, please contact BAW. If you wish to dispute the information a collection agency reported, contact the collection agency directly.

You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods.  You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.

If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your wish may be cancelled, we may refuse to honor all pending and future wish purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.

Additional Rights We Retain

If you select a username or similar identifier for your account, we may change it if we believe it is inappropriate of necessary.  You may only use our intellectual property and trademarks or similar marks as expressly permitted with prior written permission. You must obtain written permission form us or under an open source license to modify, create derivative works of decompile, or otherwise attempt to extract source code form us.

Terminating Your Account

We can remove any content or information you share on the service if we believe that it violates these Terms of Use, our policies or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the service to you immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe on others intellectual property rights or where BAW is permitted or required to by law.  If you chose to delete your account, we still reserve the right to hold on to your wish, and any content uploaded. We will still protect the identity of our user, by only providing limiting information about the former user.

Electronic Communication

When you use BAW, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other BAW Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any BAW service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BAW or its content suppliers and protected by United States and international copyright laws. The compilation of all-content included in or made available through any BAW service is the exclusive property of BAW and protected by U.S. and international copyright laws.

Account Conditions

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, BAW or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BAW Services. This license does not include any resale or commercial use of any BAW Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BAW Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BAW or its licensors, suppliers, publishers, rightsholders, or other content providers. No BAW service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BAW. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BAW without express written consent. You may not use any meta tags or any other "hidden text" utilizing BAW’s name or trademarks without the express written consent of BAW. You may not misuse the BAW Services. You may use the BAW Services only as permitted by law. The licenses granted by BAW terminate if you do not comply with these Conditions of Use or any Service Terms.

You may need your own BAW account to use certain BAW Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.  You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. BAW does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use BAW only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their BAW Household. Wishes that pertain to items such as Alcohol or other wishes that may be deemed inappropriate will be declined by BAW and subjected to further action such as deactivating the account from BAW. Also, BAW reserves the right to refuse service, terminate accounts, terminate your rights to use BAW, remove or edit content, or cancel orders in its sole discretion.

Violating Our Agreement

We may investigate any potential or suspected violations of the User Agreement, Additional Policies, security protocols or best practices, third-party rights or applicable law; any actions or any other misconduct or potential abuse on or through the Services or attempts. When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account, and shall in particular consider if the user is responsible for the misconduct.

We may take any actions we deem appropriate in our reasonable discretion for the conduct described above. Without limiting other remedies, these actions may include: limit, or temporarily or permanently suspend, or terminate our services and Accounts, restrict or prohibit access to, and your activities on, our Site and/or Services, remove listings, require you to edit listings, cancel sales, require you to send your wish back within a specified time, delay or remove hosted content, remove any special status associated with an Account, withhold the wish, charge the Payment Method on file for amounts you owe or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent Accounts or chargebacks and any replacement costs), and take technical and legal steps to keep you from using our Site and/or Services.

We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this User Agreement and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from local and foreign law enforcement or regulatory agencies, other government officials or authorized third-parties.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Buy A Wish” refers to BAW, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BUY A WISH ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Buy A Wish, makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from BAW or through the Services, will create any warranty or representation not expressly made herein.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUY A WISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BUY A WISH EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BUY A WISH, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BAW ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ALL SALES & PAYMENTS ARE FINAL, AND IF ANY DISPUTE ARRISES PLEASE CONTACT US VIA EMAIL.

 

How We Handle Disputes

Any dispute, cause of action, or legal claim arising out of or related to these terms or BAW, must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and BAW may bring a claim only on your own behalf and cannot seek relief that would affect other BAW users.  

Before you commence arbitration of a claim, you must provide us with a written notice of dispute that includes your name, residence address, username, email address and phone number that we may reach you at, along with any information you used for your BAW account.  Any notice of dispute you send to us should be mailed to BAW ATT: BAW arbitration Filling, 145 S Livernois Rd., #334 Rochester Hills, MI 48307.

Change of Ownership

If we are subject to a merger or acquisition with/by another company, we may share information with them in accordance with our global privacy standards. Should such an event occur, we will require that the new combined entity follow this privacy notice with respect to your personal information. If we intend to handle your personal information for any purposes not covered in this privacy notice, you will receive prior notification of the processing of your personal information for the new purposes.

How Long We Keep Your Personal Information

We retain your personal information for as long as necessary to provide the Services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our policies.

Our retention times for personal information are needed for our records. However we would never disclose information that is secured. What you see on our site is what we would keep to the public, If the wish maker wishes to remove their profile, they may either return the wish or express why they need to have their information taken off the website by writing to us.

Future Changes to Terms & Conditions

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.