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2016-2018 WAAVE Holdings Pte Ltd
Welcome to WAAVE ("We", "Our") mobile device software application (the “WAAVE Software"). These Terms of Service set forth the legally binding terms and conditions governing the use of the WAAVE Software, Website (www.getwaave.com) (the “Site”), web widgets, feeds and applications for third-party Web sites and services, and any other mobile or web services, features, content, applications or widgets owned, controlled, or offered by WAAVE Holdings Pte.Ltd (“Waave”) (collectively, the “Waave Services"). Subscribers, customers, users, and others who access, download, use, purchase and/or subscribe to the WAAVE Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use. BEFORE USING ANY WAAVE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY REGISTERING FOR, ACCESSING, AND/OR USING THE WAAVE SERVICES (INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE DOWNLOADING THE APP, VISITING THE WEB APPS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE WAAVE SERVICES IMMEDIATELY.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND WAAVE HOLDINGS PTE LTD. You may receive a copy of this Agreement by emailing us at: email@example.com, Subject: Terms of Service Agreement.
1.1 The WAAVE app and websites (www.getwaave.com and www.waave.it) are owned and operated by WAAVE Holdings Pte Ltd a Singaporean company.
1.2 These terms and conditions represent the agreement between WAAVE Holdings Pte Ltd and any person who accesses or uses WAAVE and the WAAVE App (User Agreement).
1.3 By clicking the ["Accept"], or by accessing and/or using WAAVE (whichever occurs first), the user (referred to in this User Agreement as You or Your) agrees to be bound by this User Agreement.
1.4 WAAVE Holdings Pte Ltd may amend or modify WAAVE (including changing, deleting, discontinuing or imposing conditions on any of its functionality or features), this User Agreement or any WAAVE Holdings Pte Ltd policy at any time. You will be able to discontinue and/or refrain from use of WAAVE following such amendment or modification, if You choose to do so. If You don’t choose to do so, the amendments or modifications will apply to You.
Subject to this User Agreement, WAAVE Holdings Pte Ltd grants to You a non-transferable, nonexclusive, royalty-free, fully paid, worldwide license to install one copy of the WAAVE software, in executable object code format only, sol
3.1 In order to make purchases, You must register to use WAAVE and provide certain information (Customer Information)in the WAAVE App to WAAVE Holdings Pte Ltd or its third party contractors via WAAVE or a nominated website to enable WAAVE Holdings Pte Ltd to provide You with the WAAVE functionality (Waave Account).
3.2 By registering and providing the Customer Information, You warrant that:
(a)You are at least 18 years of age; and you are of drinking legal age in your country
(b)You are eligible to register and use WAAVE and have the right, power and ability to enter into and perform under this User Agreement
(c)You will be solely responsible for the activity that occurs on Your WAAVE account.
(d)the Customer Information that You provide to WAAVE Holdings Pte Ltd is Customer Information which you are lawfully entitled to provide and is not false, misleading, fraudulent or defamatory and does not infringe the intellectual
property rights or other rights of any third party.
(e)You will only provide current, accurate and up-to-date Customer Information and will continually update all Customer Information as required (including proof of identity which we may reasonably request).
(f)You will keep Your registration username and password secure.
(g)You will not impersonate any other person or use another person's registration details nor use another user’s WAAVE Account without their permission.
(h)You will not harass or interfere with another user’s use and enjoyment of WAAVE.
(i)You will not use WAAVE, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of WAAVE (including the transmission of viruses, worms or any software intended to damage or alter computer systems or data).
(j)You will not attempt to gain unauthorised access to WAAVE, or other networks or systems connected to or used together with WAAVE.
(k)Your use of WAAVE will be in compliance with this User Agreement.
3.3 WAAVE Holdings Pte Ltd is not responsible for any activity (including purchases made through WAAVE) that may occur as a result of the disclosure by You of Your registration details and/or password to third parties, or through unauthorised access to or use of Your personal information and handheld devices.
3.4 You are solely responsible for all activity that occurs via Your registration details and/or the use of WAAVE on Your mobile device.
3.5 You grant us permission to use Your Customer Information to provide You the functionality of WAAVE and for related purposes. You acknowledge that in order for WAAVE Holdings Pte Ltd to provide the functionality of WAAVE, WAAVE Holdings Pte Ltd may share your Customer Information with other parties.
4. Compatible mobile devices and third party carriers
4.1 WAAVE app enables You to make payments on compatible mobile devices. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to those with disabled hardware or software controls (sometimes referred to as “jail broken”) are not compatible devices.
4.2 You acknowledge that the use of a modified device to use the WAAVE app is expressly prohibited, constitutes a violation of this User Agreement, and is grounds for termination of Your WAAVE Account.
4.3 WAAVE Holdings Pte Ltd does not warrant that WAAVE will be compatible with Your mobile device or third party carrier.
4.4 It is Your responsibility to ensure that You download the correct application for Your device and keep the version of the app updated.
4.5 Your use of WAAVE may be subject to the terms of Your agreements with Your mobile device manufacturer and Your carrier. It is your responsibility to comply with such agreements.
5.1 By using WAAVE You may be able to purchase goods or services (Products). These Products are advertised, promoted, offered, sold and/or supplied by third parties (Vendors).
5.2 WAAVE Holdings Pte Ltd is not the supplier of any Products that You may view or purchase through the app. WAAVE is designed to facilitate Your transaction with the relevant Vendor(s).
5.3 Representations about Products are based on information and material provided to WAAVE by the relevant Vendor. You acknowledge that WAAVE Holdings Pte Ltd takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties or Vendors on WAAVE. For the avoidance of doubt any images contained in WAAVE are for illustration purposes only and may not reflect the actual Products offered by a Vendor.
5.4 The Vendor(s) is entirely responsible for all Products made available and or purchased through WAAVE. You should refer to any applicable terms and conditions provided by the Vendors in connection with the Products. All disputes relating to the quality of Products must be directed to the Vendor.
5.5 Any dispute between You and the Vendor (for example in relation to the Product quality or customer service) must be resolved by You and the Vendor. WAAVE is under no obligation to resolve or assist You in resolving a dispute with a Vendor.
6.1 Promotions, advertisements, descriptions or other information provided in relation to Products via Waave ( Product Representations ) do not constitute an offer to sell You the Products or guarantee the availability of Products. The Representations are made available so that You can submit a request for a Product(s) via WAAVE (Order).
6.2 When You make a purchase, the applicable Vendor will confirm via WAAVE:
(a)the details of the Purchase, including item name and value
(b)the final price for the Purchase (including any relevant surcharges);
(c)any terms and conditions applicable to the Purchase; and
(d)any other information relevant to the Purchase.
6.3 When You place an order at a Vendor location, WAAVE App will check that your WAAVE App has sufficient funds to cover the order plus all fees applicable. If your balance is not sufficient the order will be decline and You will be required to Top Up the WAAVE App with credits. We use BrainTree as a payment provider. This is a paypal company. WAAVE credits are virtual credits that can be used towards products at any of the participating venues. We do not store any financial information.
6.4 Payment for Credits in Singapore will be processed by BrainTree, please refer to BrainTree’s Terms of Service Agreement for more details.
6.5 You can see each purchase in your Activity >Transactions Screen and if you chose so, you will also receive a confirmation email.
6.6 WAAVE offers TWO way to buy credits. Advanced purchase: WAAVE allows you to purchase credits in advance in a fix quantity of $10, $25, $50, $100, $200, $300. Purchasing credits in advance guarantees a cheaper transaction. No convenience fee is associated with these kind of purchases. Credits will expire after 6 months if your account goes dormant Credits cannot be refunded to your credit card or bank account if you have partially used any of those credits Refunds of full advanced purchases are evaluated in a case by case basis Credits can ONLY be used at WAAVE partners in exchange for goods and services detailed in the app and approved and verified by WAAVE You will have no means to “cash out” WAAVE credits other than lawfully spending them in the WAAVE ecosystem Per Transaction Credit Purchases: WAAVE also allows for the purchase of credits per transaction. This means you can chose to buy credit for the exact same amount you are going to spend at the time. You can select any of your funding methods to do so. Convenience fees may apply to this kind of transactions Any refund or cancellation of an order will be resolved with a credit towards your WAAVE balance. WAAVE will not issue credit card refund if an order is canceled or refunded by a merchant, your credits can be returned to your App (6.6.a clauses will apply) Credits can ONLY be used at WAAVE partners in exchange for goods and services detailed in the app and approved and verified by WAAVE You will have no means to “cash out” WAAVE credits other than lawfully spending them in the WAAVE ecosystem
7. Price and payment
7.1 All prices for Products are shown in local currency , with detailed GST, Taxes and Fees where applicable, and are current at the time of display, in accordance with the information provided to WAAVE Holdings Pte Ltd by the relevant Vendor.
7.3 WAAVE Holdings Pte Ltd is not responsible for any errors made by the Payment Provider.
7.4 WAAVE works with most Singaporean-issued and most non-Singaporean-issued credit and debit cards with a Visa, MasterCard logo.
7.5 You acknowledge that Your credit or debit card provider may charge additional fees in accordance with Your arrangements with that card provider. WAAVE Holdings Pte Ltd is not responsible for any such fees or charges.
7.6 You are responsibility to ensure that all items on Your order are correct and that You pay the correct amount to each Vendor at the time of payment.
7.7 Any dispute You have regarding a refund must be made by contacting WAAVE within 7 days of payment. After 7 days we will be unable to accommodate refunds
7.8 Any promotional code You wish to use must be applied to Your WAAVE Account before you Purchase credits
7.9 From time to time WAAVE may issue promotional codes for your usage, each promotion will be subject to specific Terms & Conditions. Promo Code Fraud is a serious offence, you acknowledge this and will refrain from engaging in fraudulent practices such us, but not limited to: creating of fake accounts to the sole purpose of accumulating promotional credits, unlawful sharing of promotional codes, credit transfers to or from secondary WAAVE accounts. WAAVE reserves the right to freeze your account and any available credit if we believe you have engage in any of these practices. WAAVE has the right to charge your payment method any amount of money spent unlawfully by abusing our promotional codes.
8. Unauthorised or illegal use
8.1 If You believe that there is an error or unauthorized transaction associated with Your WAAVE account, You should contact us immediately.
8.2 WAAVE Holdings Pte Ltd may decide not to authorise or allow any transaction or WAAVE Account if we believe that the transaction or WAAVE Account is in violation of this User Agreement or any other WAAVE Holdings Pte Ltd agreement, or that it exposes You, other WAAVE customers, WAAVE Vendors or WAAVE Holdings Pte Ltd to harm, including fraud and other criminal acts. If WAAVE Holdings Pte Ltd reasonably suspects that Your WAAVE Account has been used for an unauthorised, illegal or criminal purpose, You give us express authorisation to share information about You, Your WAAVE Accounts, and any of Your transactions with law enforcement.
1. Management of Personal Information
2. Retention of Personal Information and other Data
The gathering of Personal Information will be done reasonably and only for the extent required, users can decide the extent of Personal Information that they choose to provide. If the user does not choose to provide their Personal Information or does not accept the use of Personal Information for new WAAVE services or features, there is a possibility that the user will not be able to use services or features that require Personal Information.
WAAVE will gather Personal Information for the following purposes.
2 Personal Information gathered when contacting WAAVE. When contacting WAAVE, WAAVE will ask for Personal Information to contact the user including name and email address.
3 Personal Information gathered if WAAVE were to have a contest When registering for a contest held by WAAVE, WAAVE will ask for Personal Information to contact the user including name and email address and phone number
4 Personal Information gathered when registering for a newsletter provided by WAAVE. When registering as a user you agree to receive a newsletter provided by WAAVE, you can unsubscribe at any time via the link provided in the email
3. Usage of Personal Information
WAAVE or the event's organizer will use users' Personal Information for the following purposes.
1 To provide WAAVE's and the event organizer's service in a safe and steady way.
2 For internal reference materials that will be utilized in enhancing the quality of services provided by WAAVE and event organizer.
3 To enhance services provided to users.
4 In order to inform users of special services or new reference materials.
5 In order to contact users as required.
6 In order to conduct surveys on usages patterns or usage environments. When using Personal Information for purposes other than listed below, the reasons for the use of Personal Information will be stated on this page or elsewhere within WAAVE.
4. Sharing and publishing of Personal Information
WAAVE may entrust the handling of Personal Information to contracted entities as necessary. If WAAVE were to do so, WAAVE will utilize methods such as legal contracts to ensure that the third party manages Personal Information properly.
WAAVE may publish Personal Information in the following circumstances.
1 The user has agreed to the sharing or publishing of his/her Personal Information
2 If the sharing or publishing of Personal Information is required to provide information or services that the user is requesting
3 If the event organizer requires names, email addresses and other personal information for its marketing activities
4 If a formal request is made from public institutions such as a court, police etc.
5 If the actions of the user are in violation of the Terms of Services or guidelines of WAAVE and it is necessary to use Personal Information to protect the rights, assets, services or etc. of WAAVE
6 If it is necessary to publish Personal Information to protect important assets such as users' or the public's life, health, assets etc.
7 If referrals to financial institutions are required in order to process transactions, make payouts or etc.
8 If publishing or providing Personal Information is required under law
For those users who have agreed to the Terms of Services WAAVE will send information that WAAVE believes is of value to the users' registered email address. It is also possible to opt out of Direct Mails.
6. Changes or retracting Personal Information
If a user makes a request to confirm or fix any Personal Information, WAAVE will act promptly and appropriately.
In order to ensure privacy and security a Member's Personal Information is protected with a password. When the Member's information is transmitted, WAAVE uses SSL (Secure Socket Layer) and encrypts information that has been inputted in order to prevent its loss. However, generally speaking data transmissions over the Internet can not be guaranteed to be 100% secure. WAAVE does take measures to protect the user's Personal Information, but can not guarantee that all information provided by WAAVE is absolutely secure.
WAAVE bears no liability if a third party gains access to Personal Information in the following circumstances.
1 If the WAAVE user has used features or services provided by WAAVE to reveal or share Personal Information with a third party.
2 If the identity of a WAAVE user has been ascertained based on information that the user has inputted into WAAVE.
3 When content containing Personal Information has been uploaded to the site.
4 If the event organizer violates any regulations in the handling of personal information