TERMS AND CONDITIONS
The terms and conditions herein pertain to the services of The Soft Wave. The company has defined this agreement based on the services provided to customers and availed by users. Registration for the company’s services or access to website information implies that the user accepts each condition without any unwillingness.
Therefore, before associating with the company or accessing its information or services, consumers and visitors should read the policies. If you do not agree with the company’s Terms & Conditions, kindly don’t select, access or opt for any of our Software Support services.
This Agreement governs the use of the company’s website and offered services, including without limitation, any information and/or data embodied in or provided by the company’s websites, offered services and/or related products. It is your responsibility, as you read the Agreement, to also access and read the information contained in the other pages and websites referred to in the Agreement, as they constitute part of the Agreement and contain further terms and conditions and other information which applies to you as a client of the company and/or user of the company’s website and related services. You acknowledge and agree that by visiting, accessing or using any of the company’s websites and/or offered services, you are entering this legally binding Agreement and other related service agreements that shall govern the use of the company’s websites by you or any third party on your behalf.
Further, you hereby agree to the use of electronic communication in order to enter contracts, place orders and for the delivery or acceptance of notices, policies, and records of transactions initiated or completed through the company’s websites or offered services. Also, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. If you are less than 18 years of age, please read the Agreement with your legal representative and make sure you understand and follow the Agreement.
SCOPE OF THE AGREEMENT
This Agreement aims to regulate the behavior and relationship between the users and the website and to protect the legitimate rights of the users and the website.
In this Agreement, the company means the company and/or any of its owners, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, etc.
In this Agreement, the company’s websites or website means any and all elements, contents and the ‘look and feel’ of the website available under the domain https://thesoftwave.com/ and all related sites owned, operated and/or controlled by the company.
In this Agreement, the terms you, your and user are synonymous, and refer to the person using the company’s websites, offered services and or products in any way whatsoever.
ACKNOWLEDGMENT AND ACCEPTANCE OF THIS AGREEMENT
Your use of this website and related services will constitute that you have read and accepted all of the terms of this Agreement.
If this Agreement is updated and/or changed in any way, your use of this website and related services after the updates and/or changes took place will constitute that you have read and accepted the updated and /or changed Agreement.
USER/CLIENT PERSONAL INFORMATION
The company will not disclose your information unless:
- You authorize the website or a specific person to disclose the information via e-mail.
- The laws and regulations demand the website to provide your personal information.
- There is an emergency that requires the company to disclose your personal information to certain entities, in order to try to protect your privacy and personal safety as well as the public’s safety.
- There are other requirements that the website must comply with.
- When using certain services on this website, you may be required to provide accurate and detailed personal information in a timely fashion. If the information you filled out is incomplete, you may either not be allowed to use the website’s services or you will have limited access to the website’s services.
- If the information you provide is inaccurate, untrue or in violation of laws and regulations, the website and/or the company reserves the right to terminate your use of the website and any of the website’s services.
- If you are less than 18 years of age, please make sure that you get your legal representatives’ written consent prior to your use of the website and/or any of its services.
WEBSITE’S SERVICE USE
Any of the company’s websites or offered services or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose.
You must use the website and any of the related services in a safe, friendly, and appropriate manner. The company grants you a limited license to access and make personal use of the company’s websites and offered services. This license does not permit the use of any data mining, robots or similar data gathering and extraction tools.
You are not allowed to use any third party plug-in modules or any other tools for that matter, to disrupt, destruct, modify or apply other effects to the website.
You must comply with all of the website’s terms including but not limited to the terms stated in this Agreement.
When you use the services and related services of this website, you must prepare some or all of the following equipment and meet the following conditions:
- A PC, Smartphone, and internet modem and/or any kind of internet-connected device.
- You must pay for your personal internet fee and telephone fee and any related telecommunication fees.
- You understand and agree that using the website takes up your bandwidth and uses your equipment and you must be willing to pay for these resources.
You agree that the website can send you its own or third-party advertisements, marketing materials, and/or promotional information (including commercial and non-commercial information) in a manner and scope that may change without notice.
You are not allowed to shield or filter the advertisements without the expressed written permission of the company.
This website, in accordance with the provisions of the law to fulfill its obligations to advertisers, will display advertising. However, you should judge the advertisement’s authenticity and credibility for yourself. Unless explicitly provided by law, you will be responsible for your judgement and actions with regards to the advertisements and you will be responsible for any losses and/or damages associated with the advertisements. The website will not be responsible for any of such losses and/or damages in any way, shape or form.
You agree that you shall judge the advertisements carefully and evaluate their authenticity and credibility for yourself. Unless explicitly provided by law, you will be responsible for your transactions with regards to such advertisements.
You shall bear the responsibility for publishing content. Your use of this website and services shall be in accordance with all local laws applicable to web services, national laws, and international legal standards. You must:
- Comply with U.S. regulations regarding content publishing.
- Not use the website for any illegal purposes.
- Not interfere or disrupt network services.
- Comply with all network service agreements, protocols, regulations, and procedures.
When you use the website’s services, you commit not to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, and any other objectionable material of any kind. Also, you may not transfer any information abetting acts that constitute a crime. You may not transfer any materials that threaten, damage or risk national security. You may not transmit any information which is not in compliance with local regulations, national laws, and international laws. You shall not have unauthorized illegal access to any computer systems. If your behavior does not meet the terms of this Agreement, this website and/or the company will immediately cancel or suspend your service.
You shall bear legal responsibility for your behavior when using this website and/or its related services. If you spread violent, pornographic or other objectionable materials which are in violation of state law, this website’s system may record your illegal actions and use it as legal evidence against you in a court of law.
If you violate any of the terms of this Agreement, and claims or other disputes arise against you, you will be responsible to resolve them yourself. The company will not bear any responsibility for any claims and/or disputes against you.
If you violate this Agreement, and cause the company any losses, you will be held fully responsible and liable, and you will be charged with reimbursing the company for any and all of the losses.
COMPLIANCE WITH THE LAW
You shall agree to abide by applicable laws and regulations and other international conventions of the country.
You understand the internet’s borderless nature, and you agree to comply with all local laws and regulations about online content and behavior. You agree to comply with all the applicable laws and regulations regarding the transmission of information from your country or region.
If the website has reason to believe that any of your behavior, including but not limited to, any statements, conduct, etc. exercised by you is in violation of the above-mentioned laws and regulations, it may terminate your services without any prior notice.
Some of the website’s services are paid-services. If you use these paid-services, you shall abide by their terms.
This website may need to change and/or modify the actual Service fees according to company requirements. The website may also change their policy regarding some or all of its free services and change their status from being a free service to being a paid-service that they will begin charging a fee for. You will be notified of all of the aforementioned changes and/or modifications to Service fee amounts, and the status change of free services before they go into effect. If you shall not agree with the aforementioned changes and/or modifications to Service fee amounts, and the status change of free services, then you must stop using these services immediately.
Any of the company’s websites and offered services , and any part thereof, including without limitation logos, text graphics, texts, buttons, icons, images, videos, sounds, names, ‘look and feel’, source code and any and all Intellectual Property, copyrights, patents, trademarks, titles, or other proprietary information and/or any techniques, algorithms, methods or processes contained in such, in whole or in part, in any form, are considered the property of the company and are protected by this Agreement and by any applicable law.
The information on the company’s websites is protected by copyright: Copyright 2020 – The Soft Wave. All rights reserved.
You shall not make any use of the company’s proprietary information and nothing in this Agreement shall be construed as giving you any license or approval to do so. You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, de-compiling, disassembling or hacking of any of the company’s websites, offered services or software or any part thereof. All the information and/or materials on this website are considered the company’s property and are protected by this Agreement and by any applicable law.
FORCE MAJEURE EXEMPTIONS
Force Majeure under this Agreement means unforeseeable and unavoidable events that cause major impact to either the users and/or clients of the website and/or to the website itself, including but not limited to, natural disasters such as floods, earthquakes, deadly pestilence and severe-storms as well as to events such as war, and extreme governmental unrest etc. In the event that Force Majeure occurs, the website will take reasonable measures in order to eliminate or reduce the losses brought about by the Force Majeure. The website will bear no liability for losses resulting from the Force Majeure to the extent permitted by law.
The website bears no responsibility and/or liability with regards to the following situations:
- If our systems and/or our users’/clients’ systems are targeted and/or harmed by any type of virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, disassemble and/or damage any part of the system, such as hardware, software, communication capabilities, etc.
- The users/clients improper operation.
- The users/clients unauthorized use of the website and/or the website’s services.
- Uncontrollable and/or unforeseeable events and/or situations that cause any losses, damages, disturbances, disruptions, and/or any other kind of harm to the website’s users/clients and/or to the website itself.
- You understand and agree that when using the website’s services, you risk being exposed to content that did not originate from us. It could appear on the website as a result of certain users’ and/or non-related third party behavior. The company does not take responsibility for the authenticity, applicability, and legitimacy of such content. The company also does not take responsibility for any loss, damage, harm, etc. attributed to such content.
These risks include, but are not limited to:
- Exposure to threatening, defamatory, offensive or illegal content from anonymous or fictitious entities.
- Financial, economic loss and psychological harm brought about by misleading and/or deceiving entities.
- Other risks caused by online networks and/or user behavior.
- Under this Agreement, the website has the right but not the obligation to deal with these above-mentioned illegal activities.
CHANGES AND MODIFICATIONS TO THE TERMS AND CONDITIONS
If necessary, the website will amend this Agreement. You will be notified on the website’s homepage of any changes and/or modifications to this Agreement. If this Agreement is updated and/or changed in any way, your use of this website and related services after the updates and/or changes took place will constitute that you have read and accepted the updated and /or changed Agreement. If you shall not agree with the changes and/or modifications to the Agreement, then you must immediately stop using the website and any of its related services.
The website reserves the right to modify or discontinue services without prior notice to the users/clients or to any other third parties. The website will not be responsible for any losses and/or damages to the users/clients and/or to any other third party when it exercises the right to modify or discontinue its services.
You expressly agree to use the website and any of its related services at your own risk. The website and/or the company do not provide any type of guarantee, whether it is explicit or implied.
This website does not guarantee that the services provided will meet the user’s requirements. Also, the website does not guarantee the timeliness, safety, and accuracy of the services provided.
CHANGE, INTERRUPTION, AND TERMINATION OF SERVICE
The website may change, interrupt, suspend, and terminate its services.
You understand and agree that the website has the right to decide its own operational business strategy. In the event of a merger, separation, acquisition, transfer of assets, etc., the website can transfer services and information to a third party under this Agreement. The website may unilaterally notify you that some or all of the services and/or information under this Agreement were transferred to third parties and will be operated and/or used by them. You may be able to see which services and/or information were transferred to third-parties and the identity of those third-parties in the Terms & Conditions of this website.
If any of the following circumstances arise, the website has the right to suspend or terminate its services without prior notice:
- If the information that you provide is false or contradictory to other records and you cannot provide any reasonable explanation for the discrepancy．
- You violate relevant laws, regulations and/or this Agreement．
- Law and relevant governmental authorities’ requirements.
- For drastic security measures and other serious reasons.
The website is entitled to charge a fee for its services based on Agreement you sign. If you fail to pay in full and in a timely manner for the services provided to you, then the website has the right to interrupt, suspend, or terminate any of those services.
It is your responsibility to store and back up the data relating to the website’s services. If your Service was terminated, the website may delete your data permanently, except as otherwise provided by applicable laws and regulations. After the termination of the services, the website will not be obligated to return any of the lost data.
The establishment, effectiveness, implementation, and interpretation of this Agreement, as well as the handling of disputes and resolutions, are subject to the country laws.
If the website does not exercise or enforce any right or provision stated in this Agreement, it will not constitute as a waiver of its right to exercise or enforce any right or provision stated in this Agreement.
The titles of this Agreement are only for reading convenience; they cannot and will not serve as any basis to explain or interpret the meaning of this Agreement.