1. ACCEPTANCE OF TERMS
1.1
These terms and conditions (“Terms of Use”) contain the terms
and
conditions that govern your access to and use of the Wave Platform websites (“Site”), as
well as the
various apps and social networks, including payment and/or distribution apps (the “Mobile
Apps”), and
the other features, contents, contests, payment services and/or distribution services that the Wave
Platform offers
from time to time (collectively, “Additional Features” and together with the Site and the
Mobile Apps,
the “Services”). Any reference to “we”, “us” or “our”
shall refer to
Wave Platform. Any reference to “Parties” shall refer to you and us.
1.2
The Terms of
Use includes our policy for acceptable use of any of the Services and governs your rights, obligations
and
restrictions regarding your use of the Services. Your use of any of the Services is subject to these
Terms of Use
and you are only authorized to use the Services if you agree to abide by all applicable laws and these
Terms of Use.
By using any of the Services, you are deemed to have accepted and agreed to be bound by these Terms of
Use.
1.3
We may make changes to these Terms of Use from time to time. We may at our discretion
notify you of
such changes by any reasonable means, including by posting the revised version of these Terms of Use on
the Site
and/or through the Services. Your further use of any of the Services following changes to these Terms of
Use will
constitute your automatic acceptance of those changes and the revised Terms of Use. It is therefore
important that
you review these Terms of Use regularly to ensure you are updated as to any changes. If you do not agree
with the
changes, please discontinue use of the Services immediately.
1.4 In order to
participate in
certain Services, you may be required to agree to additional terms and conditions (“Service
Terms”), and
such Service Terms are hereby incorporated into these Terms of Use by this reference. Any such Service
Terms shall
where applicable, apply solely to the applicable Service. To the extent that these Terms of Use are
inconsistent
with any Service Terms, the Service Terms shall prevail.
2.
ABILITY TO
ACCEPT THE TERMS OF USE
2.1 By using any of the Services, you confirm that
you are
either more than 18 years of age or possess legal parental or guardian consent approving your use of the
Services,
and are fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations,
and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of
Use.
3. SERVICES ACCESS
3.1 You
are
responsible for all access to the Services using your internet connection and/or your device, even if
the access is
by another person whether with or without your knowledge and/or approval. You shall supply your own
device to use
the Services, and you shall bear the cost of any data services incurred in using the Services.
3.2
We will use reasonable efforts to ensure that the Services are available at all times. However, we
cannot guarantee
that the Services or any individual function or feature of the Services will always be available and/or
error free.
In addition, the Services may be unavailable during periods when we are implementing upgrades or
carrying our
essential maintenance on the Services.
3.3 To use the Services, you may be required to
sign up for
an account utilizing mobile number verification or other forms of sign up information (e.g. ID login and
password).
When creating or updating an account, you are required to provide us with certain personal data, which
may include
your name, birthdate, email address, and, in some cases, payment information. You shall provide genuine
and accurate
sign up information as requested by the Service. To the maximum extent permitted by law, we shall not be
responsible
for any misuse of information by any individual during or after the process of signing up for an
account.
3.4
When you provide credit card information to us, you represent that you are the authorized
user of the
credit card that is used to pay the purchase of products (“Terms and Conditions of Sales”),
subscription
or other fees. If you order a subscription, for each month that you use the Services, you agree and
reaffirm that we
are authorized to charge your credit card for the subscription fee. You agree to promptly notify us of
any changes
to your credit card information, its expiration date and/or your billing address, and you agree to
promptly notify
us if your credit card expires or is cancelled for any reason.
3.5 The fees for the
Services may
be revised from time to time at our sole discretion and notified by us to you by any reasonable means,
including
posting the revised fees on the Site and/or through the Services. By continuing to use the Services, you
are deemed
to agree to any revised fees. If you do not agree to the revised fees, you are required to immediately
discontinue
your use of the Services and we may, at our discretion, immediately terminate your subscription, plan,
or other
ongoing, paid-for Services, as applicable. We reserve the right to collect applicable taxes and impose
premium
surcharges for certain Services.
3.6 You are responsible for (i) keeping confidential
any password
that you created to use any aspect of the Services requiring registration, and (ii) restricting access
to your
computer or mobile device. You agree to accept full responsibility for all activities that occur within
your
account. You must notify us in writing immediately of any breach of security or unauthorized use of your
account.
You are not allowed, at any time, to transfer or lend their accounts to any third party.
3.7
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict,
suspend, or
terminate your account and/or your access to any or all parts of the Services at any time, for any or no
reason,
with or without prior notice, and without liability, including in the event we stop offering any aspect
of the
Services or where we have determined, in our sole discretion, that you have violated any part of these
Terms of Use.
If your account has been deleted for any reason whatsoever, you shall no longer be authorized to use the
Services,
and you agree that no claims shall lie against us or our agents or our service providers in connection
therewith.
3.8 Although we will not be liable for your losses caused by any
unauthorized use of
your account, whether with or without your knowledge, you may be liable for our losses or the losses of
our
third-party licensors, content providers, merchants, advertisers, sponsors, and service providers due to
any use of
your account, whether authorized or unauthorized or with or without your knowledge.
4.
ACCESS TO SERVICES IN YOUR LOCATION
4.1 We make
no promise
that the Services and/or the contents and materials of the Services are legal, appropriate or available
for use in
your location. You are subject to all laws of the state(s) and countries in which you reside and from
which you
access the Services and are solely responsible for obeying those laws. You agree we cannot be held
liable if laws
applicable to you restrict or prohibit you from using or accessing the Services. From whatever location,
you choose
to utilize the Services, you do so on your own initiative and are responsible for compliance with local
laws and we
shall not be liable for any claims, infringement, charges, penalties, fines and or losses of any nature
whatsoever.
5. YOUR USE OF THE SERVICES
5.1
Subject to your compliance with all applicable laws, the Terms of Use and any other applicable
guidelines, and your
payment of any applicable fees, we grant you a limited, personal, non-transferable, non-exclusive and
non-sub
licensable license to use the Services. You may not transfer or lend your account to any other person or
use the
Services for commercial purposes. Without prejudice to the generality of the foregoing, your use of the
Services is
conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree
that you will
not:
5.1.1 Use the Services for any fraudulent and/or unlawful
purpose, or use
the Services in any way that would glorify, incite or endorse ethnic, racial or religious hatred, strife
or
intolerance;
5.1.2 Misrepresent or suggest any type of association, approval or
endorsement
by us, whether through the use of the Services or otherwise;
5.1.3 Use the
Services in any
way that is harmful to us, the Services or our reputation and/or to our affiliates or the reputation of
any of our
affiliates;
5.1.4 Hack, attempt to hack, modify, adapt, merge, translate,
decompile,
disassemble, reverse engineer or create derivative works out of the Services or any part of
them;
5.1.5
Remove, disable, modify, add to or tamper with any program code or data, copyright,
trademark or
other proprietary notices and legends contained on or in the Services;
5.1.6
Create software
which mimics any data or functionality in the Services;
5.1.7 Use or deal in the
Services
except as permitted by these terms and conditions;
5.1.8 Use your access to the
Services, or
information gathered from it, for the sending of unsolicited bulk email;
5.1.9
Make any
public, business or commercial use of the Services or any part of them;
5.1.10 Provide hypertext
links, URL
links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without
our prior
written permission;
5.1.11 Use or process the Services or any part of them unfairly or for any
illegal or
immoral purpose;
5.1.12 Delete or obscure any copyright or other proprietary notice on the
Services.
5.1.13 The Services may only be accessed and used via authorized servers. You must take
no action to
bypass authorized servers and/or third-party software to modify any aspect of the Services and you
expressly consent
to our monitoring your computer's random-access memory for said unauthorized third-party
programs
5.2 We reserve the right to require you to immediately remove any
link or
reference to the Services at any time and you shall immediately comply with any request by us to remove
any such
link or reference.
6. INTELLECTUAL
PROPERTY
6.1
The intellectual property rights in and to the Services and all of the text, pictures,
videos,
graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code
and other
content made available on it are owned by us and/or our licensors. You may not print, make copies,
reverse engineer
or otherwise infringe any of our or our licensors’ intellectual property rights of any such
content without
our express prior written permission.
7. LIMITATION OF
LIABILITY
7.1 We provide the Services on an “as is” basis and
make no
representations as to the quality, completeness or accuracy of any content made available on the
Services. To the
maximum extent permitted by law, we expressly exclude:
7.1.1 All
conditions,
warranties and other terms that might otherwise be implied by law into these Terms of Use;
and
7.1.2
Any and all liability to you (whether direct or indirect and of any nature
whatsoever), whether
arising under these Terms of Use or otherwise in connection with your use of the
Services.
7.2
Neither we nor any related party or affiliate shall be responsible in any way for loss or
damage of any
kind arising out of your use of the Services or any part thereof, or your inability to use the Services
or any part
thereof, including without limitation direct damages, indirect damages, special, incidental, punitive,
exemplary or
consequential damages, damages for loss of profits, loss of data, loss of goodwill, work stoppage,
computer failure
or malfunction, any unauthorized access to, or the modification, use, interception, or obstruction of
use of,
computer material, or any and all other damages or losses, whether direct or indirect. Further and
without prejudice
to the generality of the foregoing, neither we nor any related party or affiliate shall be liable in any
way for any
loss or damage to any account or in-game information such as characters, virtual goods or currency,
accounts,
statistics, or user standings, ranks or profile information stored by the games and/or the Services. We
shall not be
responsible for any interruptions of service, including without limitation ISP disruptions, software or
hardware
failures, or any other event which may result in a loss of data or disruption of service. If and to the
extent that
any such liability cannot be excluded, in no case shall our liability exceed the amount, if any, that
you paid to us
during the six (6) months prior to the time your cause of action arose.
7.3 The
foregoing is a
comprehensive limitation of liability that applies to all loss or damages of any kind, including
(without
limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit,
loss of or
damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of
Use is
intended to exclude or limit any liability that may not by law be excluded or limited, nor in any way to
exclude or
limit our liability to you for death or personal injury resulting from our negligence or that of our
employees or
agents.
8. COLLECTION OF PERSONAL DATA
8.1
We may
collect and use information about you in accordance with our privacy policy. You can view a copy of this
policy by
clicking here https://www.waveplatform.io/privacy.
By using the Services, or by
providing
your personal data to us, you acknowledge that you have read and understood the privacy policy and agree
to the
collection, use and disclosure of your personal data in the manner described in the privacy
policy.
9. DURATION OF TERMS AND TERMINATION
9.1
These Terms of Use are effective until terminated. We may, at any time and for
any reason,
terminate your access to or use of the Services. If we terminate your access to the Services you will
not have the
right to bring claims against us with respect to such termination regardless of the reason for
termination. We shall
not be liable for any loss or damage resulting from the termination of your access to the
Services.
9.2
The termination of these Terms of Use shall not affect or discharge any rights
obligations
and liabilities accrued or incurred prior to or upon termination of these Terms of Use, and shall not
relieve the
Parties of their respective obligations hereunder that by their nature should survive such expiration or
termination.
10. SOLE REMEDY
10.1 You acknowledge and
agree that your
sole and exclusive remedy for any dispute with respect to your use of the Services is to discontinue
your use of the
Services, and to cancel all accounts registered to you.
11.
INDEMNITY
11.1 To the fullest extent permitted by applicable
laws, you
agree to irrevocably indemnify and hold us, and our respective officers, agents, partners and employees,
harmless
from any direct or indirect loss, liability, claim, or demand, including legal fees, made by any third
party due to
or arising out of your use of the Services and/or your breach of these Terms of
Use.
12.
SEVERABILITY
12.1 The provisions of these Terms of Use are intended to be
severable.
If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or
in part in
any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such
invalidity or
unenforceability without in any manner affecting the validity or enforceability thereof in any other
jurisdiction or
the remaining provisions hereof in any jurisdiction.
13.
OTHERS
13.1
These Terms of Use constitutes the entire agreement between you and us regarding the use of the Services
and all
previous written or oral understanding, discussions, representations, correspondence and/or
communications between
the Parties relating to the matters covered by these Terms of Use are superseded.
13.2 Our failure
to exercise
or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or
provision.
The section titles in these Terms of Use are for convenience only and have no legal or contractual
effect.
13.3
We reserve the right to amend, modify, add to or otherwise vary these Terms of Use from time to time by
giving seven
(7) calendar days’ notice thereof to you and any such amendment, modification or variations shall
take effect
as from the date specified in such notice. Any such notice given by us in accordance with this clause,
by posting on
any Site or by otherwise making public such notice in any other manner deemed appropriate by us, shall
constitute
good and sufficient notice thereof to you by us and shall be deemed to have been received by you in
accordance with
this clause or on the date of such posting or the making public of such notice, as applicable. Your
continued access
to and use of the Services (including the making of any payment request) shall be deemed to be your
conclusive
acceptance of such amendments, modifications or variations to these Terms of Use and you shall be bound
by these
Terms of Use so amended.
13.4 Without prejudice and in addition to any right of set-off to which we
are
otherwise entitled, we may, at any time, upon written notice to you, set-off any amounts owing by you to
us against
any amounts which we owe to you. Notwithstanding the foregoing, in the event that you breach any
provision of these
Terms of Use, we may perform such set-off without notice to you.
13.5 You shall not assign,
transfer or
encumber any or all of your rights, interests and obligations under these Terms of Use without our prior
written
consent. We may assign and transfer any or all of our rights, interests and obligations under these
Terms of Use to
any person. Any such assignment or transfer shall take effect upon posting on our Site or on such date
as may be
otherwise stated. In the event that we assign and transfer all our rights, interests and obligations
under these
Terms of Use:
13.5.1 all references to Wave Platform or us in these Terms of Use shall
upon and
after any such assignment and transfer be construed as a reference to the assignee and transferee
thereof;
and
13.5.2 such assignee and transferee shall be entitled to enforce all rights and perform all
obligations of
us and to be paid all sums due from you under these Terms of Use as at the date of such assignment and
transfer
thereafter.
14.
DISCLAIMERS
14.1 The
Wave Platform is a software platform only and does not conduct any diligence on or any substantive
review of any
asset that may be used through or in conjunction with the Services. You are fully and solely responsible
for
evaluating your investments and use of the Services and for determining whether you should utilize the
Services, or
whether the Services are in your best interests.
14.2 The Services utilizes blockchain
assets,
cryptocurrencies and other digital assets, which are inherently volatile. Your use of the Services
carries with it
the risk of loss of part or all of any moneys you spend in connection with your use of the Services.
Your use of the
Services is also subject to risks inherent in the market, including (but not limited to) changing
investor
preferences, interest rates, inflation levels, competition and legislative or regulatory changes,
political changes
and so on, all of which are beyond our control.
14.3 Cryptocurrencies, blockchain
systems and
assets, smart contracts, and other digital assets and platforms, are emerging technologies, and subject
to changing
regulatory requirements in a variety of differing jurisdictions. Certain operations by us may require
approvals,
licenses and acceptance otherwise from regulatory authorities in differing jurisdictions, and we cannot
guarantee
(nor do we represent) that any or all requisite approvals, licenses and regulatory acceptance otherwise
have been
obtained by us. A failure to obtain any requisite approvals, licenses and regulatory acceptance
otherwise may have
negative effects on us, the Services, our provision to you of the Services, and the commercial success
of your use
of the Services.
14.4 Nothing in these Terms and Conditions, on this website generally, or in
any aspect
of the Services is to be considered as a recommendation by us or any of our directors, officers,
employees, agents
or advisers that you or any other person should utilize the Services, or that the Services are
appropriate to be
utilized by you. You should conduct and rely upon your own investigation and analysis of the information
disclosed
by us and other matters that may be relevant to it in considering whether to utilize the Services.
You must
make, and will be taken to have made, your own independent investigation and analysis of all relevant
material.
14.5 By choosing to utilize the Services, you are deemed to warrant and
represent that
you do not (and agree that you will not) rely on any disclosure made by us, including any forecasts,
forward looking
statements or prospective financial information contained in any relevant source, or any other
statement, warranty,
representation, express or implied, made by us or any of our officers, employees, agents, advisers,
consultants or
other representatives in connection with making a decision about whether or not to utilize the
Services.
14.6 Any statements of opinion, belief, projections, forecasts or statements
relating to
expectations with respect to the Services that constitute statements relating to future acts, events and
circumstances are for example only and do not assure the current or future performance of the Services
or us. We
offer no assurance or guarantee or warranty that those acts, events and circumstances will occur or
arise in the
manner in which they are portrayed by us, and you must be aware that they may not occur or arise in the
way in which
they are portrayed. No representation is made or assurance given that such statements, views,
projections or
forecasts are reasonable or correct.
Imprint
Wave Ltd.
SUITE 305,
GRIFFITH CORPORATE CENTRE
P.O. BOX 1510, BEACHMONT KINGSTOWN
ST. VINCENT AND THE GRENADINES
REG. NUMBER: 25649 BC 2019
