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WAVEGREET TERMS OF SERVICE
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TERMS OF SERVICE
Effective date: 1st day of January 2024
The WAVEGREET website, is owned and operated by WAVEGREET, carrying on its business activities in Montreal, Quebec. Canada. These Terms of service govern your use of this WAVEGREET website services.
These Terms of Service hereinafter referred to as “TOS” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you, user, or client”) and WAVEGREET, (“WAVEGREET, we,” “us” “our, or company”), concerning your access to and use of the services provided at, www.wavegreet.com, and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, “the website or site” or WAVEGREET”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOS Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental TOS or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOS at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOS and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOS to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOS by your continued use of the Site after the date such revised Terms are posted.
The complete agreement between the Client and WAVEGREET comprises the Terms of Service outlined herein, the Service Policy detailed within, and any other modifications mutually agreed upon by both parties in written form (hereafter referred to as the “Agreement”). Communication via email is acknowledged as a legitimate method of correspondence for the purposes of this Agreement. Only an executive officer of WAVEGREET has the proper authority to enact changes to the Agreement on behalf of the Company. Should any discrepancies arise between these Terms and any amendments made thereto, the stipulations of the executed amendment shall prevail. In instances where variations between different versions of amendments occur, the most recently executed amendment will take precedence.
By agreeing to these TOS, you agree to the terms of our Privacy policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOS, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
WAVEGREET offers virtual reception services that go beyond basic call answering. Our services are designed to align with your business’s needs, ensuring that interactions reflect your brand’s professionalism. Below, we detail the suite of services provided by WAVEGREET:
Through our service offerings, WAVEGREET aims to provide a virtual reception experience that enhances your business operations, saves time, reduces costs, and supports your growth. Our goal is to ensure that your business runs smoothly and efficiently, offering a service that integrates with your team.
Key Specific Service Terms.
Content For purposes of these Terms, “content” is defined as any information, communications, descriptions, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by WAVEGREET, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with WAVEGREET’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to WAVEGREET or its licensors for violation of intellectual property rights.
Trademarks or service marks of WAVEGREET include, but are not limited to, WAVEGREET and the WAVEGREET logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of WAVEGREET or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of WAVEGREET, our Affiliates or our licensors.
Site Use WAVEGREET grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of WAVEGREET, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. WAVEGREET reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
At WAVEGREET, we streamline our billing process to ensure simplicity and convenience for our clients. We use the following options for payment of services on our platform; Stripe. More so, utilizing Stripe for credit card processing allows us to securely store our clients’ payment information, enabling automated monthly payments without the need for manual intervention. Our service plans are prepaid, with any additional minutes incurred billed at the end of each billing cycle.
Client Billing Flow
Billing Cycle Adjustment
Examples of Billing Process
Total Prorated Charges = $137.4 + 15 x $2.1/min = $168.9
By agreeing to WAVEGREET’S payment terms, clients acknowledge this billing structure and commit to monitoring their service usage. Our goal is to maintain transparency and ease throughout our billing process, ensuring a seamless experience for our valued clients.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us
The Website may provide links to external Internet sites. WAVEGREET hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. WAVEGREET shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
You hereby represent and warrant that: (i) you will only use WAVEGREET as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using WAVEGREET; (iii) you will not use WAVEGREET for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using WAVEGREET.
WAVEGREET IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) WAVEGREET WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF WAVEGREET WILL BE UNINTERRUPTED; OR (III) WAVEGREET IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH WAVEGREET IS TO UNINSTALL AND CEASE USE OF ALL WAVEGREET PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support WAVEGREET, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of WAVEGREET and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF WAVEGREET OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE WAVEGREET UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF WAVEGREET.
You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of WAVEGREET; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
This Agreement will be governed by, construed and enforced in accordance with the laws of Quebec, Canada, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in Quebec, Canada, and shall be conducted in English language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both parties. Nothing contained herein shall prevent either party from applying to any court of law in Quebec in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction in Quebec, Canada. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction in Quebec. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO WAVEGREET OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at support@wavegreet.com, and we will make an effort to reply within a reasonable time-frame.
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WAVEGREET TERMS OF SERVICE
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TERMS OF SERVICE
Effective date: 1st day of January 2024
The WAVEGREET website, is owned and operated by WAVEGREET, carrying on its business activities in Montreal, Quebec. Canada. These Terms of service govern your use of this WAVEGREET website services.
These Terms of Service hereinafter referred to as “TOS” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you, user, or client”) and WAVEGREET, (“WAVEGREET, we,” “us” “our, or company”), concerning your access to and use of the services provided at, www.wavegreet.com, and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, “the website or site” or WAVEGREET”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOS Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental TOS or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOS at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOS and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOS to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOS by your continued use of the Site after the date such revised Terms are posted.
The complete agreement between the Client and WAVEGREET comprises the Terms of Service outlined herein, the Service Policy detailed within, and any other modifications mutually agreed upon by both parties in written form (hereafter referred to as the “Agreement”). Communication via email is acknowledged as a legitimate method of correspondence for the purposes of this Agreement. Only an executive officer of WAVEGREET has the proper authority to enact changes to the Agreement on behalf of the Company. Should any discrepancies arise between these Terms and any amendments made thereto, the stipulations of the executed amendment shall prevail. In instances where variations between different versions of amendments occur, the most recently executed amendment will take precedence.
By agreeing to these TOS, you agree to the terms of our Privacy policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOS, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
WAVEGREET offers virtual reception services that go beyond basic call answering. Our services are designed to align with your business’s needs, ensuring that interactions reflect your brand’s professionalism. Below, we detail the suite of services provided by WAVEGREET:
Through our service offerings, WAVEGREET aims to provide a virtual reception experience that enhances your business operations, saves time, reduces costs, and supports your growth. Our goal is to ensure that your business runs smoothly and efficiently, offering a service that integrates with your team.
Key Specific Service Terms.
Content For purposes of these Terms, “content” is defined as any information, communications, descriptions, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by WAVEGREET, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with WAVEGREET’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to WAVEGREET or its licensors for violation of intellectual property rights.
Trademarks or service marks of WAVEGREET include, but are not limited to, WAVEGREET and the WAVEGREET logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of WAVEGREET or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of WAVEGREET, our Affiliates or our licensors.
Site Use WAVEGREET grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of WAVEGREET, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. WAVEGREET reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
At WAVEGREET, we streamline our billing process to ensure simplicity and convenience for our clients. We use the following options for payment of services on our platform; Stripe. More so, utilizing Stripe for credit card processing allows us to securely store our clients’ payment information, enabling automated monthly payments without the need for manual intervention. Our service plans are prepaid, with any additional minutes incurred billed at the end of each billing cycle.
Client Billing Flow
Billing Cycle Adjustment
Examples of Billing Process
Total Prorated Charges = $137.4 + 15 x $2.1/min = $168.9
By agreeing to WAVEGREET’S payment terms, clients acknowledge this billing structure and commit to monitoring their service usage. Our goal is to maintain transparency and ease throughout our billing process, ensuring a seamless experience for our valued clients.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us
The Website may provide links to external Internet sites. WAVEGREET hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. WAVEGREET shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
You hereby represent and warrant that: (i) you will only use WAVEGREET as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using WAVEGREET; (iii) you will not use WAVEGREET for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using WAVEGREET.
WAVEGREET IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) WAVEGREET WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF WAVEGREET WILL BE UNINTERRUPTED; OR (III) WAVEGREET IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH WAVEGREET IS TO UNINSTALL AND CEASE USE OF ALL WAVEGREET PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support WAVEGREET, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of WAVEGREET and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF WAVEGREET OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE WAVEGREET UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF WAVEGREET.
You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of WAVEGREET; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
This Agreement will be governed by, construed and enforced in accordance with the laws of Quebec, Canada, without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in Quebec, Canada, and shall be conducted in English language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both parties. Nothing contained herein shall prevent either party from applying to any court of law in Quebec in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction in Quebec, Canada. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction in Quebec. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO WAVEGREET OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at support@wavegreet.com, and we will make an effort to reply within a reasonable time-frame.