Terms of Service

Effective date: May 21, 2024

These Terms of Use (“Terms”), constitute a legally binding agreement between you (or the corporation, entity, organization or authority that you represent) and Wave Connect Inc. (“Wave”). Your use of this website, https://wavecnct.com, along with all associated websites, domains and subdomains of Wave (“Website”), IS GOVERNED BY THE FOLLOWING TERMS, AS UPDATED FROM TIME TO TIME.

We offer a wide range of products and items (“Item(s)”) and services (“Services”) for sale on the Website, and sometimes additional terms may apply, in which case you will be notified of such additional terms.

Please also review our Privacy Policy to understand how we collect, use, disclose, and secure personal information, as well as any rights that you may have.

By using this Website, you agree to these Terms. Please read them carefully.

ACCESS AND USE

You are responsible and liable for (a) your use of the Website, including unauthorized conduct and any conduct that would violate the requirements of these Terms; and (b) any use of the Website through your account, whether authorized or unauthorized. In addition, you acknowledge the following:

  1. You may have to pay fees to access certain features or Services of the Website, and such fees may not be refundable, whether you purchase Items or not;

  2. You will not access the Website in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Website, or to copy any ideas, features, functions or graphics of the Website;

  3. You will not engage in web scraping or data scraping on or related to the Website, including collection of information through any software that simulates human activity or any bot or web crawler;

  4. In your use of the Website, you will comply with all applicable laws, including privacy and IP laws;

  5. You will not use the Website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website; and

  6. You will not transmit to the Website any content that you do not have a right to transmit under any law or under a contractual relationship, any content that infringes upon the IP rights of any party, any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.

 

Violation of any of the above provisions may result in the immediate termination of your account and/or access to the Website. Wave reserves the right to investigate and take appropriate legal action against anyone who, in Wave' sole discretion, violates these Terms, including reporting you to law enforcement authorities.

THIRD-PARTY LINKS

This Website may include links to third-party websites (“Linked Sites”) that are not affiliated with Wave. These Linked Sites are provided for your convenience only. Wave has no control over the content of Linked Sites and is not responsible for the materials or information found on these sites, or your engagement with those sites. You should carefully review the terms of use and privacy policies of any third-party websites you visit.

You acknowledge and agree that Wave provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Wave shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Wave may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

MODIFICATIONS TO THE WEBSITE

Wave has the right to make changes or remove the Website, as well as any of the Items or content provided on it, without advance notice. If our changes materially affect the Services we provide you, we will update these Terms. If the Website is unavailable for any reason, Wave shall not be liable for any resulting effects on you. Occasionally, Wave may prevent certain people from accessing parts of the Website or the entire Website.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Wave is not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.

The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Wave reserves the right to modify the contents of this site at any time, but Wave has no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the Website.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at Wave’s request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Wave may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to Wave. Wave is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

Wave may, but have no obligation to, monitor, edit or remove content that we determine in Wave’s sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Wave takes no responsibility and assume no liability for any Comments posted by you or any third-party.

INTELLECTUAL PROPERTY (IP)

You understand and agree that the Website and its entire content, features, and functionalities, including all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement are owned by Wave, its licensors, or other content or products providers or vendors of such material, and are protected in all forms by IP laws including copyright, trademark, patent, trade secret, and any other proprietary rights. Accordingly:

  • Wave retains all rights, title, and interest in and to the Website, including all software used to provide the Website and all graphics, user interfaces, logos, and trademarks reproduced through the Website. Wave’ name, the Wave trademark, the Wave logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks (“Marks”) of Wave or its affiliates or licensors.

  • You must not use the Marks without the prior written permission of Wave.

  • These Terms do not grant you any IP license or rights in or to the Website, the Marks, or any of its components, except to the limited extent that such rights are necessary for your use of the Website as specifically authorized by these Terms.

  • Wave may not own IP rights in other names, trademarks, logos, product and service names, designs, images, slogans and vendor’s materials that may appear on the Website, but in such case, Wave has obtained permission from such third-parties to use those materials and images on the Website. YOU MUST NOT USE ANY OF THIS PROPERTY WITHOUT THE EXPRESS WRITTEN PERMISSION OF WAVE. If you do, it shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws, and could result in legal action against you.

 

  • You will not upload and/or transmit content onto the Website for which you would be infringing on IP rights or do anything that violates someone else's IP rights. Wave is not responsible or liable for any IP rights infringement caused by you. In using the Website, you agree that you possess all the necessary IP rights for processing, uploading or transmitting content to the Website.

YOUR ACCOUNT

To use certain features or Services of the Website, you may have to create an account. You agree that (a) all required registration information you submit for account creation is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your account at any time, for any reason, by following the instructions on the Website.

It is your responsibility to keep your account information confidential. If you don’t, you may be held responsible for any activity that occurs under your account, including any purchases. You must notify Wave immediately if you suspect any unauthorized use of your account or any other security breach. IF YOU FAIL TO MAINTAIN THE CONFIDENTIALITY OF YOUR ACCOUNT, YOU MAY BE HELD LIABLE FOR ANY LOSSES INCURRED BY WAVE OR OTHER USERS OF THE WEBSITE.

Wave reserves the right to disable your account access at any time should you use the Services and the Website for any Prohibited Uses.

If you are merely surfing or browsing through the Website and have not yet created an account, your use of the Website is still subject to these Terms.

ORDER ACCEPTANCE AND CONFIRMATION

Once we receive your online order, we will send you an email to confirm that order. Your receipt of an order confirmation, however, does not mean that Wave has accepted your order and is fulfilling it; we are simply confirming that we received your order and will process it shortly.

Wave may require additional verifications or information before accepting any order. To the extent that additional information is required, Wave will contact you for such information.

WAVE RESERVES THE RIGHT AT ANY TIME AFTER RECEIPT OF YOUR ORDER TO ACCEPT OR CANCEL YOUR ORDER, OR ANY PORTION OF IT, EVEN AFTER YOU RECEIVE AN ORDER CONFIRMATION FROM WAVE, FOR ANY REASON WHATSOEVER. If Wave cancels an order or part of an order that Wave has already charged you for, Wave will refund the applicable amount.

Wave reserves the right to limit order quantity for Items at any time.

ORDER CANCELLATION AND MODIFICATION

You may cancel or modify an order within 48 hours of submitting it without paying fees by emailing Wave at support@wavecnct.com. After 48 hours, fees may be applicable for any order cancellation or modification. Please note that we are unable to cancel an order once it has shipped. If the order has shipped, you will need to proceed with our refund process and return policies upon receipt of your order.

PRICING AND PRICE CORRECTIONS

Wave has the right to change the prices of displayed Items on the Website at any time and to fix any accidental pricing errors without prior notice. Any such changes will be communicated by posting the new prices on the Website. ADDITIONALLY, WAVE RESERVES THE RIGHT TO INTRODUCE ADDITIONAL FEES AT ANY GIVEN TIME, INCLUDING MEMBERSHIP FEES OR SUBSCRIPTION FEES, TO ACCESS CERTAIN FEATURES AND SERVICES OF THE WEBSITE.

The retail price of each Item shown on the Website excludes shipping & delivery costs, applicable taxes, and any other applicable fees, unless otherwise stated. Wave may offer promotions or special pricing on Items for a limited period.

If paying with an international credit card, the final purchase price may be affected by exchange rates and foreign conversion charges and fees from the bank or credit card issuer.

Any personal information collected by the financing provider(s) is not subject to Wave' Terms or Privacy Policy once you leave the Website.

PAYMENT METHODS AND TAXES

Wave accepts a variety of payment methods, such as credit cards or debit cards.

In accordance with local applicable laws, any online order will be taxed according to the applicable tax rates of your shipping address.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

We disclaim all warranties of any kind regarding the Items and Services, including any warranties of merchantability and fitness for particular purpose.

WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION CONTAINED ON THE WEBSITE, INCLUDING USER-GENERATED CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE.

Subject to any agreements between yourself and Wave, we shall not be responsible for delay and/or non-provision of the Services or Items or unavailability of the Website due to events beyond our control such as Internet failures, equipment failures, natural disasters, governmental actions, and pandemics.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

PROHIBITED USES

You are not permitted to use, or encourage, promote, facilitate, instruct or induce others to use, the Services or the Website for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others (the “Prohibited Uses”).

The following are examples of Prohibited Uses that are prohibited on the Website or when using the Services:

  1. seeking, offering, promoting, or endorsing any services, content, or activities that are unlawful or infringe upon any applicable laws;

  2. use the Website for any fraudulent or unlawful purpose including, but not limited to, any purpose resulting in violations of laws, regulations, and orders governing consumer protection, unfair competition, anti-discrimination or false advertising;

  3. fraudulent, unlawful, or misleading uses or content;

  4. making or demanding bribes or other payments without the intention of providing services in exchange for the payment;

  5. conduct or actions that could jeopardize the integrity of or circumvent the Website, Services or Wave’s proprietary information;

  6. attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Website or Services unless expressly permitted by applicable law or Wave; or

  7. accessing or using the Website or Services to build a similar service or application, identify or solicit our users, or publish any performance or any benchmark test or analysis relating to the Website.

  8. introducing software or automated agents or scripts into the Website in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from the Website.

APPLICABLE LAW

Wave is located in Canada and the United States. When you access the Website, you do so on your own initiative and are responsible for compliance with local laws.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of and your purchase of Items and/or services through Wave. Any breach of these Terms (or dispute related to them) shall be governed by the laws of Québec and the laws of Canada without regard to any conflict of law provisions. We may report any breaches relating to these Terms to the appropriate authorities. You agree that the courts located in Québec, Canada will resolve all disputes related to these Terms, despite any inconvenience to you.

CHANGES

We reserve the right to alter or amend these Terms at any time, solely at our discretion. Should any changes or modifications be made to these Terms, we will provide notice of such changes, such as by posting a notice on our Website and/or updating the “Last Update” date above. Your continued usage of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you disagree with the amended Terms, you must discontinue using our Website.

Any updated versions of the Terms and/or Privacy Policy will replace all prior versions, notices or statements regarding the Website. If requested, you agree to sign a non-electronic version of these Terms.

CONTACT US

If you have any questions about these Terms, please contact us to our Privacy Officer:

  • Privacy Officer: Max-Antoine Clément

  • By mail: Wave Connect Inc., 3 Pl. Ville-Marie Suite 400, Montreal, Quebec H3B 2E3 Canada

  • By email: privacy@wavecnct.com

Should you become aware of misuse of the Website including libellous or defamatory conduct, you must report it to us at privacy@wavecnct.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@wavecnct.com.

The English text of these Terms constitutes the official text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.