These Terms and Conditions are governed by the laws of Australia.
USING THE SITE
Do not misuse the Site. Do not obtain or attempt to obtain any materials or information, or gain access to any systems or networks connected to the Site, through any means that we do not intentionally make available through the Site.
Do not use any device, software or routine to try to modify, intercept, or interfere with the Site or with any other person’s use of the Site. Specifically, you must not submit, upload or transfer any unauthorised files, codes, scripts (including but not limited to viruses or trojan horses) or use any device, program, algorithm, methodology or process (whether automatic or manual), to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site.
Do not copy, sell or otherwise exploit for a commercial purpose any part of the Site without our written agreement.
You cannot use content from our Site unless you obtain permission from us or are otherwise permitted by law. Do not remove, obscure, or alter any trade marks or legal notices displayed on our Site. You may use product information and documentation (“Documentation”) made available by us for download from the Site, provided that you (1) use the Documentation only for your personal, non-commercial use (2) do not modify the Documentation, and (2) do not remove any proprietary rights notices.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by trade marks, copyrights and international treaty provisions owned, controlled or licensed by Wave, or its affiliates. The Site as a whole is protected by copyrights and constitutes trade dress and all worldwide rights, titles and interests in and to which are owned by Wave. Wave, Wave.COM, Wave.com.au and all other Wave trade marks appearing at this Site are trade marks of Wave.
The Site or any portion of the Site may not be reproduced, adapted, duplicated, copied, provided to any third party, altered, sold, stored in a retrieval system, transmitted or otherwise exploited for any commercial purpose, in any form and by any means, except where necessary for viewing this website on your Internet browser, or specifically authorised by law or in writing by Wave.
You agree that:
- (a) no title to any intellectual property rights in the Site or its content transfers to you; and
- (b) you do not obtain any rights, express or implied, other than those specifically granted by these Terms and Conditions.
You acknowledge that data in any information provided to you through the Site is subject to copyright, trade mark, brand names, patents or other property rights or laws.
WAVE'S COMMUNICATIONS TO YOU
You agree that Wave may post notices on this Site or may, unless your profile settings specify otherwise, send electronic mail to you, and that such communications satisfy any legal requirement that communications be in writing.
Some Wave products displayed at the Site are available from select retailers in Australia and in select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available through other retailers' stores. The prices displayed at the Site are quoted in Australia Dollars.
We have made every effort to display, as accurately as possible, the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Information on the Site is subject to change without notice.
COMMENTS AND REVIEWS
All comments and reviews will be screened prior to posting so please avoid including any personal information or inappropriate language. Reviews must observe the following standards or they may be excluded from the site:
- 1. Review must be written in a constructive tone to allow the reader to interpret the reviewer’s experience with the product being reviewed.
- 2. Review must not include other brand names or products.
- 3. Review must not include explicit pricing information.
- 4. Review must be free from profanity.
You agree that any content (both written and visual) you post, share or otherwise publish on the Site (including comments and reviews) can be re-used and shared by us.
COMPLIANCE WITH THE LAW AND RESALE SALES
You agree to comply with all applicable laws and regulations of Australia and other countries that relate to the products on our Site or these Terms and Conditions. You agree and represent that you are buying for your own personal use only, and not for resale.
LINKS TO OTHER WEB SITES AND SERVICES
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WAVE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not completely satisfied with your wave.com.au purchase, please see our return policy.
LIMITATION OF LIABILITY
Notwithstanding any other provision in these Terms and Conditions, if we are liable to you in any way, including:
- (a) your rights under the Competition and Consumer Act 2010 (Cth) ("CCA"); or
- (b) in the case of a warranty or liability that the law says we cannot exclude, our liability is limited to:
- (c) refunding you the cost you paid for the relevant product or products; or
- (d) re-supplying or having resupplied the relevant product or products.
Nothing in these Terms and Conditions or in our dealings with you affects your statutory rights including those under the CCA. To the extent of any inconsistency between these Terms and Conditions and your statutory rights under the CCA, your statutory rights under the CCA will apply.
You agree that your access to and use of the Site will be at your sole risk. You agree to defend, indemnify and hold Wave harmless from and against any and all claims, damages, costs (including legal costs on a full indemnity basis) and expenses, including lawyers and attorneys' fees, arising from or related to:
- (a) your use of and access to the Site;
- (b) a breach of these Terms and Conditions;
- (c) a wilful, unlawful or negligent act or omission by you;
- (d) your violation of any third party right or law, including (without limitation) any intellectual property rights, defamation or criminal laws;
- (e) a claim that you caused damage to a third party; or
- (f) your use of any information obtained from or through the Site.
The user of the Site assumes all costs arising as a result of the use of the Site.
If you have any questions not addressed in these Terms and Conditions or you become aware of any errors or prohibited content anywhere on the Site, please contact us.