1. TERMS; ACCEPTANCE
These General Terms of Use (“Terms”) are offered to you by Energy Wave Singapore Pte Ltd. and its affiliates (“Energy Wave Singapore Pte Ltd.”) and govern your use as a visitor to www.energywave.asia and/or other websites (including any social media sites, mobile web pages and application store pages) managed by Energy Wave Singapore that reference the Terms (the “Energy Wave Singapore Sites”).
Please read these Terms carefully. By using, accessing and/or visiting the Energy Wave Singapore Sites, you accept and agree to these Terms. If you do not accept and agree to the Terms, you should immediately stop using, accessing, and/or visiting the Energy Wave Sites.
Please also carefully read Energy Wave’s Privacy Policy. By agreeing to these Terms, you also agree to and accept our Privacy Policy.
In addition to the Terms and Privacy Policy, other and/or additional terms may apply in certain limited instances, such as when you register an account, sign up for a promotion, opt-in to receive email, or download software. Energy Wave Singapore will present such terms to you before you register, sign up, opt-in, or download.
2. MODIFICATIONS
We will notify you of any material changes to the Terms by posting the new Terms on the Energy Wave Singapore Sites.
Please consult these Terms regularly for any changes. The date of the last revision appears at the top of the Terms.
Your use of the Energy Wave Singapore Sites following any changes to the Terms will signify your acceptance of the revised terms.
3. ACCESS TO AND USE OF THE ENERGY WAVE SINGAPORE SITES
Consequently, without our express written consent, you may not download (other than through page caching) or modify an Energy Wave Singapore Site or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the Energy Wave Singapore Sites or any portion thereof.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the homepage of Energy Wave.asia so long as the link does not portray Energy Wave Singapore or Energy Wave.asia in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any meta-tags or any other “hidden text” utilizing Energy Wave Singapore or Energy Wave Singapore’s name or trademarks to reference the Energy Wave Singapore Sites without our express written consent. You may not use disguised referrals to link to any Energy Wave Singapore Site. Without our prior written consent, you may not exploit the Energy Wave Singapore Sites or any content appearing therein for commercial purposes.
If you are under age 13, you may use the Energy Wave Singapore Sites only with the involvement of a parent or guardian. Any unauthorized use of the Energy Wave Singapore Sites or use in violation of these Terms terminates this limited license.
4. REVIEWS AND COMMENTS; PROHIBITED CONDUCT; NO OBLIGATION FOR ENERGY WAVE SINGAPORE TO MONITOR; ELECTRONIC COMMUNICATIONS
To do so, you may have to provide personal information (a term defined in the Privacy Policy). You retain ownership of Your Comments, but by posting you grant Energy Wave Singapore a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media Energy Wave Singapore in its sole discretion selects.
You grant Energy Wave Singapore and sub-licensees the right in our sole discretion to use the name that you submit in connection with such content, but Energy Wave Singapore shall at all times use the name and content in accordance with our Privacy Policy.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
You represent and warrant that you own or otherwise control all of the rights to, and/or have a right to post, the content that you submit and/or post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury or damage to any person or entity; and that you will indemnify Energy Wave Singapore for all claims resulting from content you supply.
The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to Energy Wave Singapore in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of “spam.”
Energy Wave Singapore takes no responsibility and assumes no liability for any content posted by you or any third party. Energy Wave Singapore may monitor, review or edit such content you or others post or submit, but is not obligated to do so.
When you visit an Energy Wave Singapore Site or send emails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Energy Wave Singapore Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. PRODUCTS
In certain regions, a third-party service provider administers and/or operates our online store. In such cases, the third-party service provider terms of sale and privacy policy govern the online store and online purchases.
We attempt to be as accurate as possible in the descriptions of our products and support services. However, we do not warrant that any product and/or support descriptions or other content on the Energy Wave Singapore Sites is accurate, complete, reliable, current, or error-free. If you purchase an Energy Wave Singapore product either through Energy Wave.asia or through an authorized retailer, and you believe it is not as described on the Energy Wave Singapore Sites, your sole remedy is to return the product in accordance with our Return Policy.
No compensation, replacement or refund will be given for damaged or defaced products. Energy Wave Singapore will not be responsible for any lost or stolen purchase during delivery. Energy Wave Singapore’s terms of sales and returns apply to call returns and/or cancellations.
To obtain access to certain features or promotions on the Energy Wave Singapore Sites, at your option you can register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify Energy Wave Singapore immediately of any unauthorized use. Energy Wave Singapore reserves the right to refuse service or terminate accounts if you fail to adhere to these Terms or any additional terms that may apply to these services, at Energy Wave Singapore’s reasonable discretion.
We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the Energy Wave Singapore Sites is entirely at your own discretion and risk.
You are solely responsible for any damage to your computer system; mobile; handheld or portable device or any loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the Energy Wave Singapore Sites.
Additionally, we cannot be made responsible, under any circumstances or to any extent, for any software or material pertaining to Energy Wave Singapore or its products, which is downloaded from sites or sources outside the Energy Wave Singapore Sites.
6. SUPPORT
Energy Wave Singapore will use commercially reasonable efforts to provide the Support Services in a professional manner but cannot guarantee that every question or problem raised by you can or will be resolved.
7. INTELLECTUAL PROPERTY MATTERS
All content included on the Energy Wave Singapore Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of Energy Wave Singapore and/or its licensors and protected by United States and international copyright laws and other laws and regulations.
All software and other materials available for download from the Energy Wave Singapore Sites are, unless otherwise stated, the property of Energy Wave Singapore and protected by United States and international copyright laws. By downloading content from the Energy Wave Singapore Sites, you hereby agree to use the content only for the intended or stated purpose, and not to make any reproductions, modifications or alterations to the content in any way whatsoever.
“Energy Wave”, the infinity loop Logo, the names of Energy Wave Singapore products, and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of Energy Wave Singapore.
You may not use the foregoing in any manner that disparages or discredits Energy Wave or is likely to cause confusion among customers.
You may not use Energy Wave’s trademarks and/or trade dress in connection with any product or service without our express written consent.
If you have feedback on how we can better improve our services, you are welcome to email our official feedback channel at codi@energywave.asia.
Any feedback you provide is deemed to be non-confidential and non-proprietary.
Energy Wave Singapore shall be free to use such information on an unrestricted basis.
Outside of the above-mentioned feedback avenue, Energy Wave Singapore does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collaterals, processes, materials, new advertising campaigns, promotions, marketing plans or new product names (each an “**Unsolicited Idea**”). Kindly refrain from sending any Unsolicited Ideas in any form to Energy Wave Singapore or its employees. This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of Energy Wave Singapore’s products, services or activities to an Unsolicited Idea.
If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) Energy Wave Singapore owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) Energy Wave Singapore has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless Energy Wave Singapore from all liabilities, damages, losses, costs and expenses arising from Energy Wave Singapore ‘s use of the Unsolicited Idea.
Energy Wave Singapore respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the Energy Wave Singapore Sites without your authorization and you claim infringement, then you should provide the following information to us:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed.
- identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Energy Wave Singapore to locate the material.
- information reasonably sufficient to permit Energy Wave Singapore to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENERGY WAVE SINGAPORE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ENERGY WAVE SINGAPORE SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
ENERGY WAVE SINGAPORE MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE ENERGY WAVE SINGAPORE SITES OR OF SITES LINKED TO THE ENERGY WAVE SINGAPORE SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE ENERGY WAVE SINGAPORE SITES OR ANY HYPERLINKED WEBSITES.
ENERGY WAVE SINGAPORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE ENERGY WAVE SINGAPORE SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE ENERGY WAVE SINGAPORE SITES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
10.MISCELLANEOUS
You agree that the laws of Singapore, without regard to principles of conflict of laws, shall govern both these Terms and any dispute that might arise between you and Energy Wave Singapore in relation to your use of the Energy Wave Singapore Sites and these Terms.
You also agree that any disputes shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If you are a consumer based in the European Union, the preceding paragraph on arbitration does not apply, and you may make a claim in a competent court of the country in which you reside.
These Terms and other legal notices published by Energy Wave Singapore on the Energy Wave Singapore Sites applicable to an activity you engage in shall constitute the entire agreement between you and Energy Wave Singapore concerning the Energy Wave Singapore Sites. If any of the provisions of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms, which shall continue in full force and effect.
No waiver shall be deemed a further or continuing waiver, and Energy Wave Singapore ‘s failure to assert any right under these Terms shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Energy Wave Singapore Sites must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these Terms, but Energy Wave Singapore may assign these Terms without restriction.
You agree to indemnify, defend and hold Energy Wave Singapore , its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Energy Wave Singapore Sites and/or any action by you which violates any law, regulation or rights of a third party.
The Energy Wave Singapore Sites may contain links to third-party websites. You acknowledge and agree that Energy Wave Singapore does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by Energy Wave Singapore of the third-party websites. If you access such websites via the links, you do so at your own risk.
Without prior notice, Energy Wave Singapore may terminate your license to access the Energy Wave Singapore Sites and/or your user account if you violate or breach the Terms or for any other reason, including Energy Wave Singapore ‘s discontinuance of the Energy Wave Singapore Sites. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.
