Terms of Use
Effective 12 January 2024
Wavemark Pte. Ltd. (“Wavemark”, “Company”, “we”, “us” or “our”) is pleased to provide you with websites, content, products, and services (collectively “Wavemark Products” and “Products”) that are branded Wavemark.
PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WAVEMARK PRODUCTS. THESE TERMS GOVERN YOUR USE OF THE WAVEMARK PRODUCTS IN GENERAL. BY USING THE WAVEMARK PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS AND CONDITIONS.
ANY DISPUTE BETWEEN YOU AND US, EXCEPT DISPUTES RESOLVED IN THE SMALL CLAIMS TRIBUNAL OF THE STATE COURTS OF SINGAPORE, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (SECION 8. BELOW) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
Table of contents
1. These Terms of Use are a contract between you and us.
A. Binding Contract. These Terms of Use (“Agreement”) are a contract between you and Wavemark Pte. Ltd., as a Singapore private company doing business at 10 Anson Road, #33-10C International Plaza, Singapore 079903, Singapore. Other than as expressly stated herein, there are no third-party beneficiaries of this Contract.
B. Agreement. You represent to Wavemark that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you simply browse, use, or access a Wavemark Product offered directly by Wavemark or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Wavemark Product). If you do not agree to the Agreement, you may not use the Wavemark Products.
C. Supplemental Terms. This agreement governs the Wavemark Products in general. More specific and/or supplemental terms and conditions may apply to some Products, including but not limited to, a particular contest, promotion, promotional code, service or other activity; availability of certain merchandise, content or other activities; and/or specific terms or restrictions that may accompany certain territories, content, products, or websites. Any supplemental terms and conditions are in addition to this Agreement, and in the event of a conflict, the supplemental terms will prevail over this Agreement. If you do not agree to the application supplemental terms and conditions disclosed, you may not use the Wavemark Products.
D. Amendments. We may need to make changes to any portion of this Agreement from time to time and for many reasons, including to reflect updates to the Wavemark Products or changes in law. If we make a material change to this Agreement, it will be effective thirty (30) days following either our dispatch of notice to you or to our posting of the amended Terms through the Wavemark Products, the third party that makes Wavemark Products available to you, or at www.wavemark.me/terms-of-use/. You are responsible for periodically reviewing this Agreement for updates and amendments. By continuing to use the Wavemark Products, you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to this Agreement, you must discontinue using the Wavemark Products. Our employees are not authorised to modify any provision of this Agreement, either verbally or in writing.
E. Customer Accounts. Some Wavemark Products require you to provide personal information to create a customer account to participate. You agree that any information you provide is accurate, current and complete, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s name, or other personal information, or another person’s name or likeness. You agree that we may take steps to verify the accuracy of the information you provide.
The personal information you provide to participate in the Wavemark Products is not intended for distribution to or use by any person or entity in any jurisdiction or country where distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, if you choose to access the Wavemark Products from other locations, you agree that you are doing so on your own initiative and are solely responsible for compliances with local laws, if and to the extent local laws are applicable.
F. Security. You agree that you are responsible for all activities under your customer account that you can reasonably control. You agree to promptly notify us of any unauthorised use of your account information, or of any other breach of security that you become aware of involving your account or the Wavemark Products.
G. Electronic Communications, Transactions and Signatures. Visiting the Wavemark Products, sending us emails, and completing online forms constitute electronic communications. You consent to receive notices, including agreements, disclosures, and other communications electronically from us using the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WAVEMARK PRODUCTS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature od delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
H. Termination or Suspension. We may terminate or suspend your access to any Wavemark Products, and/or terminate this Agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have used the Wavemark Products in violation of any provision of this Agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the Wavemark Products.
I. Age Restriction. The Wavemark Products are intended for users who are at least 18 years of age. If you are under the age of 18, you may not use the Wavemark Products.
2. License grant and restrictions.
The Wavemark Products, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, images and artwork are our copyrighted, patented, or trademarked property or the copyrighted, patented, or trademarked property of our licensors, and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in the Wavemark Products are owned by us or our licensors (who may be third-party beneficiaries of this contract) and protected by the copyright, trademark, patent and other laws of Singapore and international treaties.
A. Consumer license. If a Wavemark Product, or a third party providing Wavemark Products subject to this Agreement, if configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable licence to access and use in Singapore such software, content, virtual items or other materials for your personal, non-commercial or internal business use only, only for as long as that Wavemark Product is made available to you by us, or an authorised third party, and only in accordance with this Agreement and/or the specific terms that apply to that Wavemark Product, with no right to reproduce, distribute, communicate to the public, make available to the public, or transform any Wavemark Product, in any media format or channel now known or hereafter devised (except as may be expressly described or contemplated within the Wavemark Product). This is a license agreement and not an agreement for sale or assignment of any rights in the Wavemark Products. Except as we specifically agree in writing, no element of the Wavemark Products may be used or exploited in any way other than as part of the authorised Product made available to you. You may own the physical media on which elements of the Wavemark Products are made available to you, but we retain full and complete ownership of the Wavemark intellectual property. We do not transfer title to any portion of the Wavemark websites, software, applications, content, virtual items or other materials and/or service to you. Likewise, the purchase of a license to use any Wavemark Product does not create an ownership interest in the Wavemark websites, software, applications, content, virtual items or other materials and/or services.
B. Restrictions on your use of the Wavemark Products. You agree that as a condition of your license, you will not:
i. Circumvent or disable any content protection system or digital rights management technology used in connection with the Wavemark Products;
ii. Move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form of the Wavemark Products and/or underlying technology, any digital rights management mechanism, devise, or other content protection or access control measure;
iii. Modify the Wavemark Products, including but not limited to, by removing identification, copyright or other proprietary notices from the Wavemark Products, or by framing, mirroring, or utilising similar techniques;
iv. Bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Wavemark Products;
v. Copy or adapt the Wavemark Products’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
vi. Copy the Wavemark Products (except as expressly permitted by us);
vii. Reproduce, distribute, communicate to the public, make available to the public or transform any Wavemark Product via any media, in any media format or channel now known or hereafter devised (except as expressly permitted by us);
viii. Create derivative works of the Wavemark Product or any part thereof, except as and only to the extent that any foregoing restriction is prohibited by applicable law;
ix. Except as expressly licensed, use the Wavemark Products for any commercial or business-related use or build a business utilizing the Products, whether or not for profit;
x. Access or use the Wavemark Products in a manner that suggests as association with our products, services or brand;
xi. Access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Wavemark Products using a robot, spider, scraper or other automated means or manual process without our express written permission;
xii. Use the Wavemark Products in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement; and
xiii. Allow third parties to violate the above restrictions.
C. Violations. Any attempt to perform any of the restricted actions listed above is a violation of the rights of Wavemark and/or the intellectual property rights holder.
D. Export controls. You may not access or use any Wavemark Product in violation of Singapore Sanctioned Lists and Red Flags or Singapore Controlled and Prohibited Goods for Export requirements. By acquiring services or content through Wavemark Products, you represent and warrant that your access to and use of the services or content will comply with those requirements.
3. Usage rules.
A. Changes to the Wavemark Products. The Wavemark Products are constantly evolving and will change over time. We reserve the right to make such changes or, if necessary, discontinue Wavemark Products. If required by law, we may also need to suspend, restrict, or terminate your access to Wavemark Products.
B. Third-party services or platforms. The Wavemark Products may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. If you access a Wavemark Product using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary of this contract. However, these third-party beneficiaries are not a party to this contract. You agree that your access to Wavemark Products using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You represent to Wavemark that you have read and agreed to those terms.
C. Internet, browser and system requirements. You may need a high-speed Internet connection and/or minimum system and/or browser requirements to access and use certain aspects of the Wavemark Products. You are required to review the minimum requirements necessary for use of the specific Product.
D. Mobile networks. When you access the Wavemark Products through a mobile network, your network or roaming provider’s messaging data and other rates and fees will apply. Downloading, installing, or using certain Wavemark Products may be prohibited or restricted by your network provider and not all Products may work with your network provider or device.
E. Consent to messages. When you use the Wavemark Products, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems. You can opt out of promotional communications by following the “Unsubscribe” directions for emails, through the settings of the Wavemark Product, or if via text message, by responding “STOP”. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Wavemark Products.
F. App permissions. When you use the Wavemark Products, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to change your permissions settings. By downloading, installing, and using the Wavemark Products, you agree to receive automatic software updates (as applicable).
G. Informational and entertainment purposes. You understand that the Wavemark Products are for your personal, non-commercial use, except as expressly licensed, and are intended for informational and entertainment purposes only. The content available does not constitute legal, financial, professional, medical, or healthcare advice or diagnosis, nor does it constitute travel, romantic or other personal advice, and cannot be used for such purposes. Wavemark does not assume any responsibility for consequences which may arise from its use.
H. Commercial, marketing or branding use prohibited. Except as expressly licensed, we do not allow uses of the Wavemark Products or other Wavemark intellectual property, that are commercial or business-related, including uses in marketing or branding, or that advertise or sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
I. Abusive behaviours prohibited. You agree not to use any information obtained from the Wavemark Products in order to harass, abuse or harm another person. You agree not to harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Wavemark Products to you. You agree not to disparage, tarnish, or otherwise harm, in our opinion, Wavemark and the Wavemark Products.
J. Fraudulent activities prohibited. You agree not to trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as Customer IDs, or attempt to impersonate another user or person or use the Customer ID of another user, or make improper use of Wavemark support services or submit false reports of abuse or misconduct.
K. Malware. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Wavemark Product or connected network, or interfere with any person or entity’s use or enjoyment of any Wavemark Product.
L. Information collection and/or transmission. You agree to not knowingly or recklessly upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
You agree not to systematically retrieve data or other content from the Wavemark Products to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; or make any unauthorised use of the Wavemark Products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
M. Sabotage. You agree not to damage, disable, overburden or impair the Wavemark Products, or use the Wavemark Products as part of any effort to compete with us.
N. Account information. You agree not to sell or otherwise transfer your Customer ID.
4. Paid transactions.
A. Identity of seller. Sales are made by Wavemark or the authorised seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you.
B. Digital content. We may make applications, software or other digital content available on Wavemark Products or through authorised third parties for you to license for a one-time fee. When purchasing a licence to access such material from a Wavemark Product, charges will be disclosed to you before you complete the licence purchase.
C. The order process. You will have the opportunity to review and confirm your order, including delivery address, payment method and product details. We will send you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse of cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our finance department. We may also require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if any additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund the payment.
D. Payments and billing. When you provide payment information, you represent and warrant that the information is accurate, that you are authorised to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilise third-party payment card updating services to obtain expiration dates on credit cards and debit cards.
We accept the following forms of payments:
• Visa (credit and debit cards)
• MasterCard (credit and debit cards)
• American Express
• Diner’s Club
• JCB
• Apple Pay
• PayNow
E. Right of cancellation; return of goods. You have the right to cancel an order placed for a Wavemark Product. However, all sales are final and there will be no refund in the event you choose to cancel.
We reserve the right to refuse orders at our discretion. Inappropriate use of our service will cause your order to be cancelled and any payment refunded. These may include orders placed by or under the same Customer ID, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
These cancellation rights are separate from and in addition to your rights should any item we supply be faulty.
Good delivered are non-returnable.
F. Pricing; taxes. We may revise the pricing for Wavemark Products we offer. When you place your order, we estimate the applicable tax and include that estimate in the total for your convenience. Sales tax will be added to the price of purchases as deemed required by us.
All payments shall be in Singapore Dollars (SGD).
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
G. International shipping; customs. We market the Wavemark Products to Singapore only. We do not direct our marketing and sales efforts to citizens and residents of countries other than Singapore. If you choose to purchase the Wavemark Products from and ship it outside Singapore, you agree that you are responsible for assuring the goods can be lawfully imported to the destination country. When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
When ordering goods for delivery to countries other than Singapore, you may have to pay import duties and taxes levied. These and any additional charges for customs clearance must be borne by you. For goods shipped outside Singapore, please note that the goods and accompanying materials may not be designed in accordance with destination country standards, specifications, and labelling requirements.
5. Contests and promotions.
Contests and other similar promotions that you enter on a Wavemark Product or in connection with Wavemark Products integrated with a third-party website, service, application, platform, and/or content (“Wavemark Promotion” or “Wavemark Promotions”) may be subject to official rules and/or conditions that are supplemental to this Agreement, and which may provide details governing the Wavemark Promotion such as eligibility requirements, entry requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any Wavemark Promotion, please first review the applicable official rules and/or conditions. If the official rules and/or conditions of a Wavemark Product is in conflict with this Agreement, the provisions contained in the official rules and/or conditions govern and control the Wavemark Promotion. Your entry to a Wavemark Promotion constitutes user-generated content (defined as text, chats, images, audio, video, contest entries and other content that Wavemark Products may ask for or allow you to communicate, submit, upload or otherwise make available, which may be accessible and viewable by the public) and is subject to all provisions of this Agreement that govern your submission and our use of your user-generated content.
6. Disclaimers and limitation on liability.
Wavemark Products are provided “as is” and “as available”. We disclaim all conditions, representations and warranties not expressly set out in these Terms to the fullest extent permitted by law.
It if your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with Wavemark Products.
We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under this Agreement.
We shall not be liable for business losses. We only supply products for your personal, domestic, and non-commercial use, except as expressly licensed. We will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or similar loss.
WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE WAVEMARK PRODUCT, OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OF FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED SINGAPORE DOLLARS (SG$100).
7. Submissions, user-generated content.
A. Submissions and unsolicited ideas policies. Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us—whether or not solicited by us—you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
B. User-generated content. Wavemark Products may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries or other content, which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a Wavemark Product made available by us or in connection with Wavemark Products appears on a Wavemark website, service and/or platform or is integrated with a third-party website, service, application, and/or platform, you may not submit or upload user-generated content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
You represent and warrant that your contributions are not false, inaccurate, or misleading, and are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation, and do not violate any applicable law, regulation, or rule, or the privacy or publicity rights of any third party.
In most instances, we do not claim ownership of your user-generated content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such user-generated content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with Wavemark Products and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent that it is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of user-generated content does not establish relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever (except as may be specifically states in the provisions of Wavemark Products in connection with the submission, or arising from it).
You represent and warrant that your user-generated content confirms to this Agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the user-generated content, without the need for payment to any other person or entity, to use and exploit, and to authorise us to use and exploit, your user-generated content in all manners contemplated by this Agreement; and you agree to indemnify and hold us harmless from any claims or expenses (including attorney’s fees) by any third party arising out of or in connection with our use and exploration of your user-generated content resulting from your breach of this Agreement. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the user-generated content against us or our licensees, distributors, agents, representatives and other authorised users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
We may monitor, screen, post, remove, modify, store and review user-generated content or communications sent through a Wavemark Product, at any time and for any reason, including to ensure that the user-generated content or communication confirms to this Agreement, without prior notice to you. We may terminate your access to Wavemark Products if your user-generated content violates this Agreement, including unlawful postings or content without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
C. Guidelines for reviews. We may provide you areas on the Wavemark Products to leave reviews or ratings. When posting a review, you agree that:
i. You have first-hand experience with the Wavemark Product being reviewed;
ii. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
iii. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
iv. Your reviews should not contain references to illegal activity;
v. You should not be affiliated with competitors if posting negative reviews;
vi. You should not make any conclusions as to the legality of conduct;
vii. You may not post any false or misleading statements; and
viii. You may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
D. Claims of copyright infringement. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Attention: Wavemark Designated Agent
Wavemark Pte. Ltd.
10 Anson Road, #33-10C International Plaza, Singapore 079903
We are only able to accept notices in English.
We will respond expeditiously to claims of copyright infringement committed using Wavemark Products that are reported to our designated copyright agent, in accordance with the Singapore Copyright Act.
8. BINDING ARBITRATION AND CLASS ACTION WAIVER.
Proceedings to resolve or litigate a dispute in any forum will be conducted on an individual basis. Neither you nor Wavemark will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and Wavemark agree to arbitrate, as provided below, all disputes between you, that are not resolved informally, except disputes relating to the ownership or enforcement or intellectual property rights. “Dispute” includes any dispute, action or other controversy, whether based on past, present, or future events, between you and use concerning Wavemark Products or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and Wavemark empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this Binding Contract, including arbitrability of any dispute and any claim that all or any part of the Agreement are void or voidable.
A. In the event of a dispute, you or Wavemark must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party given the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to:
Attention: Legal
Wavemark Pte. Ltd.
10 Anson Road, #33-10C International Plaza, Singapore 079903
We will send any notice of dispute to you at the contact information we have for you. You and Wavemark will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of this dispute is sent. After that sixty (60) day period and note before, you or we may commence an arbitration proceeding. You may instead litigate a dispute in the Small Claims Tribunal if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
B. If you and Wavemark do not resolve a dispute by informal negotiation or in the Small Claims Tribunal, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Singapore Arbitration Act. You are giving up the right to litigate a dispute in court before a judge.
Except as provided above with respect to jurisdiction in Singapore, nothing in this arbitration provision shall be construed as consent by Wavemark to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to Wavemark Products or this Agreement.
9. Additional provisions.
A. Choice of forum. You agree that any action at law or in equity arising out of or relating to this Agreement that is not subject to arbitration shall be filed, and that venue properly lies, only in courts located in Singapore and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
B. Choice of law. This Agreement is governed by and construed in accordance with the laws of Singapore, without given effect to any conflict of law principles.
C. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
D. Survival. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Sections 2, 3, 6, 7 and 8 as well as the genre provisions in this Section 9.
E. Waiver. No waiver or any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
F. Modifications and Interruptions. We cannot guarantee that the Wavemark Products will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Wavemark Products, resulting in interruptions, delates, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Wavemark Products at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Wavemark Products during any downtime or discontinuance of the Wavemark Products. Nothing in these Terms will be construed to obligate us to maintain and support the Wavemark Products or to supply any corrections, updates, or releases in connection therewith.
G. Corrections. There may be information on the Wavemark Products that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Wavemark Products at any time, without prior notice.
H. User Data. We will maintain certain data that you transmit to the Wavemark Products for the purpose of managing the performance of the Wavemark Products, as well as data relating to your use of the Wavemark Products. You agree that you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Wavemark Products. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
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