These terms and conditions are the contract between you and Wavebox (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, or downloading or Software, you agree to be bound by them.
- We are Bookry Ltd, a company registered in the UK, number 06294173.
- Our address is Intec, Parc Menai, Bangor, Gwynedd, LL57 4FG, UK.
- VAT Registration Number: GB 984 9259 53.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Service and stop using the site or the Services immediately. These are the agreed terms:
- Content; means the textual, visual or aural content that is encountered as part of your experience on Our Service. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
- Intellectual Property; means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
- Our Website; means the website and associated content available at https://wavebox.io.
- Our Service; means any website or web service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us and the web services used by our Software.
- Services; means all of the services available from Our Service, whether free or charged.
- Software; means the Wavebox desktop browser software for Windows, Linux and macOS, and subject to the EULA
In this agreement unless the context otherwise requires:
2.1) a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.2) a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.3) in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.4) the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.5) any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.6) any obligation of any person arising from this agreement may be performed by any other person;
2.7) a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
2.8) these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
2.9) this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3.1) In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
3.2) Subject to these terms and conditions, we agree to provide to you some or all of the Services at the prices we charge from time to time.
3.3) You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
3.4) So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.5) Our contract with you and licence to you last for the duration of your Services subscription from the date of payment. Any continuation by us or by you after the expiry of this duration is a new contract under the terms then posted on Our Service. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
3.6) The contract between us comes into existence when we receive payment from you for a Service.
3.7) We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.7.1) the change will take effect when we post it on Our Website.
3.7.1) if you make any payment for Services in the future, you will do so under the terms posted on Our Website at that time.
4.1) When you use Our Service, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4.2) You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
4.3) You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
This paragraph applies if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided those regulations apply to the transaction concerned, then the following terms apply to the contract.
5.1) We now inform you that information relating to all aspects of our Services is not in this document but in our marketing material, whether that is in the medium of Our Service or in hard copy.
5.2) The following rules apply to cancellation of your order:
5.2.1) If you have ordered our Service but we have not yet started to work for you, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return any money due to you.
5.2.2) If you want us to start work before 14 days has passed, you can opt out of your cancellation right. To do that you have to instruct us to start your work as soon as we can. We have provided a form and a full explanation of the procedure at the end of this document.
5.2.3) If you have ordered our Service and we have started to work for you, you may cancel your order without giving a reason, at any time within 14 days of your order. You must tell us that you wish to cancel.
2.2.4) if you do so, you will owe us for work done to the date of cancellation and any money spent on your behalf.
5.3) In any of the above circumstances, we will return any money due to you within 14 days.
6.1) The prices payable for Services are clearly set out on Our Website.
6.2) The price charged for any Services may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
6.3) Prices on Our Website are shown exclusive of any applicable value added tax or other sales tax. The inclusive price will be calculated for your place of order during the purchase process.
7.1) At least 10 days before expiry of the yearly period for which you have paid (or 2 days if subscribing monthly), we shall send you a message to your last known email address to tell you that you that your renewal is due. If you gave us consent to auto-renew your Wavebox subscription, we will automatically deduct the amount due on or around the renewal date from the Credit/Debit card or PayPal account you gave us. If no consent was given, we shall send you an invite to manually renew.
7.2) If you do not renew, your use of Our Services shall be suspended.
If you violate Our Service we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
8.1) modify, copy, or cause damage or unintended effect to any portion of Our Service, or any software used within it.
8.2) link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
8.3) download any part of Our Service, without our express written consent;
8.4) collect or use any product listings, descriptions, or prices;
8.5) collect or use any information obtained from or about Our Service or the Content except as intended by this agreement;
8.6) aggregate, copy or duplicate in any manner any of the Content or information available from Our Service, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
8.7) share with a third party any login credentials to Our Service;
8.8) Despite the above terms, we now grant a licence to you to:
8.8.1) create a hyperlink to Our Service for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
8.8.2) you may copy the text of any page for your personal use in connection with the purpose of Our Service or a Service we provide.
This agreement may be terminated:
9.1) upon either of us giving the other 14 days notice in writing addressed by post to the last known land address or by e-mail to the last known e-mail address of the other of us. For this and all purposed in connection with this agreement, our addresses are as at the head of this document. If your cancellation is to be effective, you must give us full information to enable us to identify:
9.1.1) who you are and;
9.1.2) that you have proper authority to cancel and;
9.1.3) the Services you wish to cancel.
9.2) when we terminate it, without notice, on account of your failure to comply with these terms.
9.3) immediately by either party if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
9.4) by us, if you show or use threatening or overly abusive behaviour towards our staff.
9.5) Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
9.6) Termination by either party shall have the following effects:
9.6.1) your right to use the Services immediately ceases;
9.7) There shall be no re-imbursement or credit due on termination except under the conditions given in Clause 5 above.
10.1) If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
10.2) You acknowledge that the Services may also be interrupted for many reasons beyond our control.
10.3) You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
You agree that at all times you will:
11.1) not to cause or permit anything which may damage or endanger our title to the Intellectual Property.
11.2) notify us of any suspected infringement of the Intellectual Property;
11.3) on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
11.4) not use any name or mark similar to or capable of being confused with any name or mark of ours;
11.5) so far as concerns software provided or made accessible by us to you, you will not:
11.6) copy, or make any change to any part of its code;
11.6.1) use it in any way not anticipated by this agreement;
11.6.2) give access to it to any other person than you, the licensee in this agreement;
11.6.3) in any way provide any information about it to any other person or generally.
11.6.4) not use the Intellectual Property except directly in our interest.
11.7) not use the Intellectual Property except directly in our interest.
12.1) The law differs from one country to another. This paragraph applies to sales throughout the EU.
12.2) All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
12.3) We make no representation or warranty that the Services will be:
12.3.1) useful to you;
12.3.2) of satisfactory quality;
12.3.3) fit for a particular purpose;
12.3.4) available or accessible, without interruption, or without error;
12.4) We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Service.
12.5) You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
12.6) We shall not be liable to you for any loss or expense which is:
12.6.1) indirect or consequential loss; or
12.6.2) economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
12.7) This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
12.8) If you become aware of any breach of any term of this agreement by any person, please tell us by emailing firstname.lastname@example.org We welcome your input but do not guarantee to agree with your judgement.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
13.1) your failure to comply with the law of any country;
13.2) your breach of this agreement;
13.3) any act, neglect or default by any agent, employee, licensee or customer of yours;
13.4) a contractual claim arising from your use of the Services
13.5) a breach of the intellectual property rights of any person;
For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £ 100.00 per hour without further proof.
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
14.1) If you are not happy with our services or have any complaint then you must tell us by email message to email@example.com
14.2) If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
14.3) We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
15.1) You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
15.2) The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
15.3) If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15.4) The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
15.5) If you are in breach of any term of this agreement, we may:
15.5.1) publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
15.5.2) terminate your account and refuse access to Our Service;
15.5.3) remove or edit Content, or cancel any order at our discretion;
15.5.4) issue a claim in any court.
15.6) Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
15.7) No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
15.8) You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
15.9) Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
- If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
15.10) This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
15.11) Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
15.12) In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
15.13) The validity, construction and performance of this agreement shall be governed by the laws of England and Wales.
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