You can find all the important legal stuff here
Wavez Pty Ltd Terms and Conditions of Sale
1.1 “Us”, ”our” and “we” and similar words used in this agreement means Wavez Pty Ltd, ACN 616080374.
1.2 “You” and “your” and similar words used in these terms means the person, persons or entity identified on the Order that is not us.
2.1 Any advertisement of the Goods, including pricing or quotations for pricing or supply, constitutes an invitation to treat only.
2.2 The Order and these terms together constitute an offer by you to us to provide you with goods as described in the Order (“Goods”) in accordance with these terms.
2.3 Acceptance by us of your Order or our communication to you confirming that your Order has been accepted will constitute your agreement as to the contents of these terms.
2.4 Watercraft and batteries are sold for private recreational use only. All intended uses other than for private recreational purposes is prohibited. If you wish to use for commercial purposes, e.g. in a rental business, please get in touch with us to discuss options.
3. Payment Terms and Title
3.1 All our prices, unless otherwise stated, are inclusive of Goods and Services Tax in Australia.
3.2 Goods to be delivered to countries other than Australia are offered exclusive of any taxes and duties unless otherwise stated. It is your responsibility to pay such charges, if any, upon the importation of the Goods.
3.3 If you are paying in advance, payment is due immediately upon our receipt of your completed Order, unless agreed otherwise in advance of order placement. Our obligation to supply you with the Goods remains conditional upon receipt of the whole of that payment.
3.4 If you are paying a deposit for your order then:
(a) The deposit is payable immediately upon our receipt of your Order; and
(b) The balance payable is due upon us providing you with written notification that the Goods are ready for shipping; and
(c) Our obligation to supply the Goods, and any further Goods or Services (including Warranty repairs) remains conditional upon receipt of all balances outstanding in relation to your order; and
(d) Balances unpaid after 14 days may result in the Goods being resold and your Order being fulfilled from the next batch of inventory.
3.5 You agree that no title in the Goods shall pass until you have made all payments due under this Agreement, and, until that time, if you have received any Goods, you hold them on trust for us and in a fiduciary capacity ending only when payment has been made in full for the Goods. You must not use Goods which have not been paid for in full, unless agreed otherwise in advance of use.
3.6 If any amount remains outstanding beyond the due date of payment agreed when the order was placed, any discounts applied at the time of purchase will expire (including wholesale pricing) and the full RRP at the final date of payment (or, if higher, the full RRP at the order date) will be due.
3.7 If any amount remains outstanding beyond the due date of payment agreed when the order was placed, an interest rate of 2% per month compounding will be applied to the outstanding amount from the order date through to the date the full balance is paid.
4. Shipping and delivery
4.1 Overseas shipping, customs, and logistics activities are outside our control. As such, we are unable to offer any warranty or representation regarding the delivery schedule for Goods which have not yet arrived at our warehouse or the warehouse of our Australian supplier.
4.2 Many of the products we offer are innovative and cutting-edge products offered by exciting new startup businesses. Such startups may overestimate the maturity of their products, overestimate their delivery capacity and are often at the mercy of their upstream suppliers. As such, whilst we can pass on the manufacturers’ target timeframes, we are unable to provide any warranty or representation regarding when the finalised product will leave the production line and be available to ship or deliver.
4.3 While we use best endeavours to ensure that shipping occurs within a reasonable period of time and close to the estimated shipping time, we do not provide any warranty or representation as to the time for delivery of the Goods where the shipping is being performed by the manufacturer or a third party shipping company and the delay arises for a reason outside of our control.
4.4 You acknowledge and agree that we are not responsible for any damage which occurs to the Goods during delivery and that you have been offered the opportunity to purchase your own insurance coverage for this risk.
4.5 We engage the services of a third party company for delivery of Goods such as Australia Post, Couriers Please, Fastway, TNT, Toll and others. These companies may or may not accept any special instructions regarding delivery, and, even when they do, they may or may not deliver in accordance with such instructions. We do not have control over these companies other than to discontinue their use, but we have found that the level of service across the industry is comparable from one company to another.
4.6 In the event that you nominate delivery to be made in your absence, for example having the Goods left outside your premises, in a carport or other area, you accept full responsibility for any damage or theft which may occur as a result of that direction.
4.7 In the event that any delivery or shipping to you cannot be completed and the Goods are held for delivery at a later date and there are storage charges incurred, you agree to pay for such storage costs reasonably incurred.
4.8 In the event that any delivery or shipping to you cannot be completed and the Goods are returned to us, you agree to pay for any storage, shipping, delivery, handling or re-delivery charges related to the return of the Goods to us.
4.9 In the event that we are unable to identify a third party company who can reasonably deliver the Goods to your nominated delivery address (which may occur when Goods are oversized or contain lithium batteries), we will contact you to agree either an alternate delivery address or a refund. In the case of an alternative delivery address, if there is a difference in the price of shipping and delivery, that will be charged or refunded prior to delivery.
4.10 In the event that the price charged to you for shipping and delivery is lower than the price quoted to us by our third party shipping company, we may contact you to request payment of the difference, no higher than our cost price, or cancel the order and issue a refund. This is not common since the prices we charge are usually retrieved through a real-time pricing engine connected directly to our third party shipping company systems. However, international shipping prices of large watercraft and lithium batteries are often manually calculated and are usually based on shipping to major metro centres. If your delivery address is a long way from your country’s major air or sea port, or prices were otherwise not quoted correctly, you may be required to pay additional delivery charges.
4.11 The Kymera Body Board may only be shipped to the following countries, as stated clearly in the product description: Australia, Fiji, Japan, Malaysia, New Zealand, The Philippines, Thailand and Vietnam, as well as the islands and island nations which are governed or jointly-governed by them, e.g. Cook Islands (NZ). Any orders placed for the Kymera Body Board to be shipped to another country may be canceled and a refund issued, minus administration charges.
4.12 By default, Goods are shipped with “Authority to leave” in your absence, with no signature required. If this is not acceptable, please specify that you “require a signature upon delivery” when checking out.
5. Refunds, Licensing and Registration
5.1 If for any reason you are dissatisfied with the Goods supplied to you, you must contact us and provide details of your concern. In the event you are entitled to return the Goods you agree to pay shipping costs to return the Goods to us in the first instance.
5.2 We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem. This is when the item:
• has a problem that would have stopped someone from buying the item if they had known about it;
• is unsafe;
• is significantly different from the sample or description; or
• doesn’t do what we said it would, or what you asked for, and can’t be easily fixed.
Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
5.3 In the event that any operator licensing or vessel registration is required by any Government authority or agency, you agree that you will take all steps to procure such license or registration prior to using the Goods. You further agree to use the Goods in accordance with all applicable local laws, rules, and regulations.
6.1 All Goods provided by us come with a one year parts and labour private recreational warranty with services to be provided by a Wavez-approved service centre. You can claim on your warranty by notifying us by email or phone of the nature of the issue. We will identify your nearest Wavez-approved service centre and advise them of the issue and our recommendations regarding resolution. Upon our confirmation, you should then take your product to the service centre for repair or parts replacement. DO NOT attempt to modify or repair your Goods without permission in writing from Wavez or you may void your warranty on part or all of the Goods.
6.2 Watercraft and batteries are sold for private recreational use only. All intended uses other than for private recreational purposes is prohibited. If you wish to use for commercial purposes, e.g. in a rental business, please get in touch with us to discuss options.
6.3 You acknowledge and agree that watercraft may include batteries which may have a reduced capacity over time depending upon the care and use of the batteries as an inherent feature of the battery.
6.4 All warranties except battery warranties can be extended and enhanced by entering a premium service and support agreement with Wavez.
6.5 You acknowledge and agree that the Goods delivered to you may differ in colour and appearance from the advertising and photographs you have seen in relation to the Goods.
6.6 You acknowledge that the Goods must be cleaned and properly maintained following each use strictly in accordance with Wavez’s and the manufacturer’s instructions to prevent premature degradation of any operational parts of the Goods. You further acknowledge that in the case of Watercraft any operating parts (such as electronics or moving parts) will be serviced at least every 6 months by a Wavez-approved technician. We will not accept responsibility for any damage or degradation to the Goods arising from your failure to maintain or service the Goods.
6.7 You acknowledge that watercraft are not to be used for racing or in shallow water or in close proximity to other persons or watercraft and are never to be used in small enclosed waterways such as a pool. The use of watercraft in such environments may be unsafe and lead to damage to the watercraft for which we will not accept responsibility and also carry the risk of personal injury or death.
6.8 You may be entitled to the benefit of statutory warranties and Consumer Guarantees under the Australian Consumer Law in relation to the supply of the Goods which may not be excluded under this Agreement and no part of this agreement is intended to derogate from any condition, warranty or guarantee that you are entitled to under the Australian Consumer Law save that our sole liability in respect of any breach of a condition, warranty or guarantee under the Australian Consumer Law is limited to the replacement of the Goods, the supply of equivalent Goods, payment of the cost of replacing the Goods or acquiring equivalent Goods, or the repair of the Goods or the payment of the cost of having the Goods repaired.
6.9 To the extent permitted at law, all conditions, warranties, representations and promises concerning the quality and/or fitness for use of the Goods are hereby excluded to the furthest extent permitted at law.
7. Reverse engineering, resale and export prohibited
7.1 You agree not to permit, and not to procure, any form of reverse engineering or deconstruction of the Goods or to attempt to make any modification to the Goods in any way without written permission from APAC Distribution Pty Ltd (email firstname.lastname@example.org or call +61 2 9098 8958).
7.2 You acknowledge that APAC Distribution Pty Ltd has the exclusive distribution rights in relation to the Kymera Body Board in Australia, Fiji, Japan, Malaysia, New Zealand, The Philippines, Thailand and Vietnam, as well as the islands and island nations which are governed or jointly-governed by them, and you agree that you will not advertise the Kymera Body Board for resale as new to any third party at a wholesale or retail level or to sell the Kymera Body Board at the wholesale or retail level or take any other step to circumvent our exclusive rights in relation to the sale or rental of the Kymera Body Board, or those of any other Kymera Body Board distributor, without permission in writing from APAC Distribution Pty Ltd (email email@example.com or call +61 2 9098 8958).
7.3 You agree not to permit, and not to procure, export of the Goods from the country to which they were delivered. You acknowledge that any such export is not only a breach of this agreement, but may also involve the illegal export of dangerous goods (lithium batteries) without appropriate authority and documentation.
7.4 You agree that any proposed or actual resale or export by you in breach of 7.2 or 7.3 above is a breach of this Agreement for which damages will be an inadequate remedy.
8. Use of the Goods, Indemnity and Release
8.1 THE USE OF WATERCRAFT IS AN INHERENTLY RISKY ACTIVITY AND YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT THE USE OF THE GOODS IN A WATERWAY, EITHER PROPERLY OR IMPROPERLY, CARRIES WITH IT A REAL RISK OF PERSONAL INJURY OR DEATH. YOU MUST ENSURE THAT ALL USE OF THE GOODS EITHER BY YOU OR BY ANY PERSON YOU PERMIT TO USE THE GOODS (WHETHER UNDER A RENTAL AGREEMENT OR OTHERWISE) IS CONDUCTED IN A SUPERVISED, SAFE AND SENSIBLE MANNER AND IN ACCORDANCE WITH ALL APPLICABLE LOCAL LAWS, RULES AND REGULATIONS.
8.2 You acknowledge that APAC Distribution Pty Ltd, has the exclusive rental rights in relation to the Kymera Body Board in Australia, Fiji, Japan, Malaysia, New Zealand, The Philippines, Thailand and Vietnam, as well as the islands and island nations which are governed or jointly-governed by them, and you agree that you will not advertise Kymera Body Boards for rental to any third party or to rent Kymera Body Boards or take any other step to circumvent our exclusive rights in relation to the rental of Kymera Body Boards without permission in writing from APAC Distribution Pty Ltd.
8.3 You agree that any proposed or actual rental by you in breach of 8.2 above is a breach of this Agreement for which damages will be an inadequate remedy.
8.4 In the event that you intend to make Watercraft available for rental and enter into a commercial rental agreement with us, you must not commence operations without procuring an appropriate insurance policy providing coverage for any injury occurring to any person arising from their use of the watercraft.
8.5 You hereby release, hold us harmless and indemnify us in relation to any claim made against us in respect of loss or damage (including for personal injury or death) howsoever arising in connection with your use or the use by any other person (whether under hire or rental agreement or not) of the Goods.
8.6 The above indemnity extends to legal costs we incur in any action required by us against you to enforce our rights, including any legal costs incurred in relation to any breach of this agreement.8
8.7 We will not be liable to you for any consequential loss, loss of profit, loss of opportunity or loss of chance you suffer from a breach of this agreement or arising from your use or misuse of the Goods (or the use or misuse of the Goods by a person who has rented or hired the Goods from you).
9. Wholesale Customers
9.1 Only pre-approved Wholesale Customers may buy at wholesale prices (except bulk quantities of products listed under the “Wholesale” category on the website, which may be purchased by anyone).
9.2 Approved Wholesale Customers may only buy electric watercraft upon prior approval, and such purchases must be in minimum order quantities of 4 units per watercraft brand.
9.3 Approved Wholesale Customers may refer customers to Wavez in return for a commission paid upon delivery of the Goods to the customers. Commissions vary by product.
9.4 Wavez can dropship goods directly to Wholesale Customer’s customers without additional charge.
10. Outstanding amounts
10.1 We may recover from you, as a debt due, any amount due and payable under these terms and you agree to pay interest compounding monthly on any sum due to us from time to time at the rate of 2% per month compounding.
12. No Waiver
12.1 To the extent that we do not enforce any right we may have under this agreement, such action will not constitute a waiver of that right.
13.1 To the extent that any part of these terms is found to be unenforceable by operation of law or otherwise invalid, that part only is to be severed from this agreement and the balance of the agreement will stand.
14. Whole agreement/Legal advice
14.1 You confirm that you have been provided with the opportunity to negotiate the terms of this agreement and have had the opportunity to obtain your own legal advice in respect of the effect of this agreement.
14.2 This document and your acceptance of same constitutes the whole of the agreement between the parties and may only be varied in writing signed by both parties.
14.3 You warrant that you have not entered into this agreement on the basis of any representation made by us not recorded in this agreement.
15.1 You agree that any communications with our office concerning your experience with the Goods, including any issues raised concerning quality or fitness for purpose of the Goods is to be treated with the utmost confidentiality and you agree not to place any negative comments or reviews of the Goods online without first contacting us in writing and providing us with an opportunity to respond to your concerns.
15.2 You agree that a breach of this clause would cause irreparable harm to us and that this clause does not constitute a penalty.
16.1 The parties agree to accept service of any written notice, including payment claims, payment schedules, court processes or other documents by post, facsimile or email if an address, facsimile or email address is provided in the Purchase Order.
16.2 The parties agree that an email which includes a working link to a third party document storage/delivery service (such as DropBox or Google Drive) will constitute valid service of the documents available from the download link within the email.
17. Dispute resolution
17.1 Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation Rules.
17.2 The parties to this agreement agree that the laws of New South Wales shall govern this agreement and the courts of that State shall have non-exclusive jurisdiction over any dispute arising from this agreement.
17.3 Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.
Last updated 6 June 2019
This website is owned and operated in Australia by Wavez, ACN 616080374.
These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at firstname.lastname@example.org.
If you continue to browse and use this Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the Site for any purpose.
1.1. Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.
2. Licence to use Site
2.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
2.2. You may access and use the Site in the normal manner and may also print copies of any page within the Site for your own personal, non-commercial use. You may copy extracts only to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless expressly allowed by these Terms.
2.3. You may not, except with our express written permission, distribute or commercially exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system.
2.4. You must not use or add any content to the Site:
a. unless you hold all necessary rights, licences and consents to do so;
b. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d. that would bring us, or the Site, into disrepute; or
e. that infringes the intellectual property or other rights of any person.
2.5. The Site may contain links to other websites as well as content added by people other than us. We have no control over the nature, content and availability of those websites or external content. We do not endorse, recommend, sponsor or approve any such user generated content, the views expressed within that content and any content available on any linked website.
2.6. You acknowledge and agree that:
a. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
b. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3. Intellectual property rights
3.1. Nothing in these Terms constitute a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
3.2. Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright that subsists in all creative and literary works displayed on the Site.
3.3. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
3.4. You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.5. The licence in paragraph (3.3) will survive any termination of these Terms.
3.6. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (3.2) and (3.3).
4.1. You represent and warrant to us that you have had sufficient opportunity to access and comply with these Terms and that you have the legal capacity to enter these Terms. If you do not agree with these Terms please do not use this Site.
5.1. To the full extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
5.2. To the full extent permitted by law, we exclude all representations, warranties, guarantees or terms (whether express or implied) other than those expressly set out in these Terms.
5.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. Every effort is made to keep the Site up and running smoothly. We take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
6.1. You may only use this Site if you agree to indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this Site.
6.2. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
7.1. This information and Terms may be amended without notice from time to time in our sole discretion. Your use of the Site following the amendments indicates that you accept the amendments. You should check these Terms from time to time to review any changes.
8. Breach of these terms
8.1. You may only use this Site for a lawful purpose and in a manner consistent with the provisions set out in these Terms. You must not use this Site if you think the exclusions and limitations of liability set out in these Terms are unreasonable. We reserve the right to takedown content and information found to be in breach of copyright, or which in our reasonable opinion is deemed illegal and/or inappropriate. If you breach the Terms, we reserve the right to block you from the Site, bring court proceedings against you and to enforce our rights against you. All rights not expressly granted in the Terms are reserved.
9.1. Competitors are prohibited from using the content or information on our Site for the purpose of competing with our business. If you breach this provision, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from the prohibited use. We reserve the right, in our sole discretion to exclude any person from using our Site.
10.1. If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.
11.1. By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.
12.1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
12.2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
13.1. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
14.1. These Terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
Last updated 6 June 2019
The privacy of your personal information is important to us at Wavez Pty Ltd (Wavez, we or us). We respect your rights to privacy and rights under the Privacy Act 1988 (Cth) (Privacy Act) and are committed to complying with the Privacy Act’s requirements for the collection and handling of your personal information.
Personal information is any information that can be used to identify you, including your name, address, telephone number and email address.
This policy explains how we collect and handle your personal information and describes the kinds of personal information we collect, use and disclose and our purposes for doing so.
1. How we collect personal information
1.1 We collect your personal information reasonably required for our business operations. This information is collected:
(a) When you contact us;
(b) When you place an order, either through our website(s) or via telephone or written order; and
(c) When you are using our website(s).
1.2 The information we collect when you place an order with us may include your name, postal or delivery address, billing address, date of birth, phone number, payment information such as credit card or banking details and your email address.
1.3 We also collect information from your computer automatically when you browse our website(s). This information includes the date and time of your visit, the server your computer is accessing our website(s) through, your browser, the last site you have visited, the pages of our website(s) you access and your IP address. An IP address is a number automatically assigned to your computer and which is required when you are using the internet. It may disclose the area in which you are located.
1.4 We may be able to identify you from information collected automatically from your visit(s) to our website(s).
1.5 We may use a statistical analytics software tool such as Google Analytics and software known as cookies which transmit data to Google servers located in the United States of America. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.
3. How we store data and transmit personal information including overseas
3.1 We collect and store information electronically using our own and third-party servers including our website hosts, data backups and payment gateway(s), which may be located overseas.
3.2 Many of our products are made overseas and in certain circumstances, we may be required to disclose your personal information to one of our suppliers, for example, if we are arranging to ship an item directly to you from overseas.
4. Why we collect your personal information
4.1 The purposes for which we collect and hold your personal information include:
(a) To process and deliver your order;
(b) To provide you with aftermarket services, such as repairs, addressing warranty claims, refund requests, and similar matters;
(c) To manage orders and visits made to our website(s) operated in conjunction with our business, including analysing data collected from our website(s) concerning site visits and purchases. This helps us run our website(s) more efficiently and give you a better experience online. We use information from Google Analytics to help further improve your experience in using our website(s);
(d) To create backups of our business records; and
(e) For direct marketing purposes, including to advise you about new, existing and upcoming products, services or offers that we feel you may be interested in. We will ensure that any e-mail marketing you are sent contains an ‘unsubscribe’ option so that you can remove yourself from any further marketing. Alternatively, you can call or write to us to request that you be removed from our marketing list. Our mailing list may be operated by software and servers located overseas and as such your personal information may be sent overseas as part of our marketing.
5. How we disclose personal information
5.1 We will not use your personal information for a purpose other than those set out above without your further consent. We will not sell, trade or rent your personal information to any third parties for marketing purposes without your consent.
5.2 We will disclose your personal information if we are required to do so under law or if the disclosure is made in connection with an insurance or warranty claim or for the resolution of any dispute that arises between you and us. This disclosure may involve your personal information being disclosed overseas.
6. Contacting us
6.1 If you wish to access, correct or have deleted the personal information we hold about you, or make a complaint, please contact us in writing: Privacy Officer, Wavez, Suite 261, 79 Longueville Road, Lane Cove NSW 2066 Australia and by email to email@example.com.
6.2 Please note that in order to disclose, update or delete information about you, we will require you to provide us with sufficient comfort as to your identity. We may also (depending on the request) charge you a fee to provide this service, which we will inform you of at the time. All requests for personal information will be handled in a reasonable period of time.
7.1 This policy may be updated from time to time and the most up to date version will be located at wavez.com.au.
Last updated 6 June 2019
Wavez Affiliate Agreement
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at firstname.lastname@example.org. You can also reach us via phone on +61 2 8006 8261.
Wavez Affiliate Manager
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WAVEZ PTY LTD (WAVEZ).
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Wavez’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Wavez web site www.wavez.com.au. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Wavez Pty Ltd, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the wavez.com.au server. If we choose to auto-approve applications this does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “Wavez” or “APAC Distribution” or “Kymera” or “Onean” or “SUPjet” or “Scubajet” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Wavez or any other affiliated business.
2.2. As a member of Wavez’s Affiliate Program, you will have access to the Affiliate Dashboard. Here you will be able to review our Program’s details, HTML code and links required to generate your affiliate commissions. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Wavez reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Wavez Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Wavez Affiliate Program.
3.2. Wavez reserves the right to terminate this Agreement and your participation in the Wavez Affiliate Program immediately and without notice to you should you commit fraud in your use of the Wavez Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Wavez shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Wavez’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Wavez‘s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Wavez directly handles all tracking and payments.
7. Access to Affiliate Account Interface
You will create a password so that you may enter the Wavez Affiliate Dashboard. From there you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Wavez could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Wavez. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Wavez so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Wavez so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Wavez. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Wavez Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as wavez.com.au, wavez, www.wavez, www.wavez.coom.au, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Wavez’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Wavez’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Wavez’s site (i.e., no page from our site or any Wavez content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Wavez site in IFrames, hidden links and automatic pop ups that open Wavez’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Wavez’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Wavez and the good will associated therewith will inure to the sole benefit of Wavez.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
WAVEZ MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WAVEZ SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF WAVEZ’S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL WAVEZ’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Wavez, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Wavez. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New South Wales without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Last updated 10 September 2019