GetWavepro Pty Ltd Warranty
This Warranty is between GetWavepro Pty Ltd (ABN 86 649 676 960) (we, us or our) and the person, organisation or entity specified in the Sales Terms and Conditions (you or your), together the Parties and each a Party. This Warranty is referenced in and forms part of the Sales Terms and Conditions.
GetWavepro Pty Ltd provides to you this Warranty against Defects in your Wavepro Laptop Sleeve.
We are proud to bring you the protection and benefits of the Wavepro Laptop sleeve.
Our commitment to protect your rights:
We understand that you have rights at law, including under the Australian Consumer Law, with respect to your Wavepro Laptop Sleeve and we are committed to respecting your rights.
If you have any questions or concerns about the terms of this Warranty please don’t hesitate to contact us – we are always happy to assist.
GetWavepro Pty Ltd (ABN 86 649 676 960)
Address: 35/41 Agincourt Street, Grange, 4051, QLD, Australia
Phone: 0405 658 282 (Jack)
YOUR RIGHTS AT LAW
- The benefits given to you under this Warranty are in addition to, and do not limit or derogate, your rights and remedies at law in relation to your Wavepro Laptop Sleeve, including under the Australian Consumer Law (ACL) within the Competition and Consumer Act 2010 (Cth).
- Consumer guarantees (under the Australian Consumer Law) have no set time limit but generally last for an amount of time that is reasonable to expect, given factors such as the cost and quality of the Wavepro Laptop Sleeve or any representations made.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Subject to the terms of this Warranty, and without limiting your statutory rights, your entitlement under this Warranty will commence from the date of dispatch of your Wavepro Laptop Sleeve under the Sales Terms and Conditions and will continue to operate for a period of 12 months (Warranty Period).
- This Warranty only sets out the Warranty Period within which we will offer you a refund, replacement, repair or exchange. Your rights under the ACL may extend beyond the Warranty Period.
WHAT WE WILL DO TO HONOUR THIS WARRANTY
- Subject to the terms of this Warranty (including you making a valid claim pursuant to clause 5), and without limiting your statutory rights, we will use our best endeavours to remedy any Defect in your Wavepro Laptop Sleeve during the Warranty Period at our cost.
- We may, in our discretion, elect to:
- repair the Wavepro Laptop Sleeve, using new or previously used parts that are equivalent to new in performance and reliability;
- replace the Wavepro Laptop Sleeve with the same model (or with your consent a product that has similar functionality), formed from new and/or previously used parts that are equivalent to new in performance and reliability; or
- exchange the Wavepro Laptop Sleeve for a new item, which, to the maximum extent permitted by law, will be your sole and exclusive remedy in relation to the Defect. Again, this clause does not seek in any way to limit your statutory rights, including under the ACL.
- If any materials, parts, features required to facilitate any repair or replacement pursuant to clause 3.2 are unavailable or no longer in production, or the model of the Wavepro Laptop Sleeve is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, features or model.
WHEN THIS WARRANTY APPLIES AND WHEN IT DOES NOT
- Subject to the terms of this Warranty, your Wavepro Laptop Sleeve is warranted by us to be free from Defects for the duration of the Warranty Period.
- We set out below the circumstances where we will not be liable to you under this Warranty. Again, this clause does not seek in any way to limit your statutory rights, including under the ACL.
- To the maximum extent permitted by law, this Warranty does not cover, and we will have no liability for any Liability, and you waive and release us from any such Liability (under this Warranty or otherwise), in relation to any Defect which is caused (or partly caused) or contributed to, by any:
- act or omission, accident, misuse, abuse or negligence by you or any third party not engaged by us;
- failure on your part to properly maintain your Wavepro Laptop Sleeve in accordance with any of our instructions or guidelines (including any manual or brochure);
- failure on your part to follow any instructions or guidelines (including any manual or brochure) provided by us or the manufacturer in relation to your Wavepro Laptop Sleeve, including in relation to the right environment for you to use your Wavepro Laptop Sleeve;
- use of your Wavepro Laptop Sleeve otherwise than for any application or use specified by us or the manufacturer of the Wavepro Laptop Sleeve;
- continued use of your Wavepro Laptop Sleeve (where such use is not reasonable) after any Defect in your Wavepro Laptop Sleeve becomes apparent or would have become apparent to a reasonably prudent person;
- failure by you to notify us of any Defect in your Wavepro Laptop Sleeve within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant Defect;
- reasonable wear and tear of your Wavepro Laptop Sleeve;
- cosmetic damage, including but not limited to scratches and dents, unless failure has occurred due to a Defect in materials or workmanship;
- act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our or the manufacturer’s reasonable control); or
- repair, replacement, maintenance, or any other compromise of the Wavepro Laptop Sleeve by you or any person other than us or the manufacturer.
- To the maximum extent permitted by law, this Warranty will be void, we will have no liability for any Liability, and you waive and release us from any such Liability, whether under this Warranty or otherwise, if any work or services carried out by us (including repair work or services) are altered, tampered with or otherwise compromised by you or any person other than us or the manufacturer, without our prior written consent.
- We will have no Liability, and you waive and release us from any Liability, for any delays (including any costs arising out of any delays) in providing any work or services (including repairs) under this Warranty, or in assessing any claim made by you under or in relation to this Warranty.
- No commercial use: All of our products, including the Wavepro Laptop Sleeve, are designed and intended for personal use only. Using our products for commercial use will void this Warranty and we will have no liability for any Liability, and you waive and release us from any such Liability, whether under this Warranty or otherwise.
MAKING A VALID WARRANTY CLAIM
- To claim the benefit of this Warranty, you must:
- notify us by email at firstname.lastname@example.org if you are located in Australia, or any other country other than the Australia and as soon as you become aware of the Defect, and in any event, within 30 days of when you become aware of the Defect;
- provide any other information or evidence reasonably required by us to assess your claim (including photographs, a description of the Defect and when the Defect occurred); and
- provide evidence of proof of purchase of your Wavepro Laptop Sleeve from us, upon request.
- If we determine that you have a valid claim under this Warranty we will notify you of our determination as to whether your claim is valid under this Warranty, and if so, clause 3 will apply. We will send you prepaid postal stamps and instructions on how to properly pack and address your Wavepro Laptop Sleeve, so that you may ship it to us. Instructions will be sent to you via email. If we have elected to repair, replace or exchange your Wavepro Laptop Sleeve (or part thereof) in accordance with clause 3.2, we will send the repaired, replacement or exchanged product to you. We will pay for shipping to and from your address provided that you have followed our instructions regarding the method of packaging and shipping the Wavepro Laptop Sleeve.
- We reserve the right to change the method under clause 5.2 by which we may provide service under this Warranty to you. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to your country. You may be responsible for shipping and handling charges if the Wavepro Laptop Sleeve cannot be serviced in the country it is in. If you seek service under this Warranty in a country that is not the original country of purchase, you agree to comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, GetWavepro may repair or replace the Wavepro Laptop Sleeve and parts in accordance with clause 3.2 with comparable products and parts that comply with local standards.
- To the maximum extent permitted by law, any determination we make under clause 5.2 will be final and binding.
- Sales Terms and Conditions prevails: This Warranty is subject to the Sales Terms and Conditions and in the event of any inconsistency or ambiguity between this Warranty and the Sales Terms and Conditions, the Sales Terms and Conditions will prevail.
- Limitation of Liability: To the maximum extent permitted by law, our liability for any Liability under this Warranty will be limited and/or excluded in accordance with any limitation or exclusion of liability set out in the Sales Terms and Conditions.
- Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability to you for any Consequential Loss.
- Jurisdiction and applicable Law: This Warranty is governed by the laws of Queensland and the Commonwealth of Australia. Each party to this Warranty irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
- No third-party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
- No Assignment or Transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
- Severance: If any provision (or part of it) under this Warranty is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Warranty cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Warranty and the remaining provisions (and remaining part of the provision) of this Warranty are valid and enforceable.
In this Warranty, capitalised terms have the meanings given to them in the Sales Terms and Conditions, and:
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Defect means any non-compliance of the Wavepro Laptop Sleeve with the requirements of our Sales Terms and Conditions as a result of our default, and Defective has a corresponding meaning.
Wavepro Laptop Sleeve means the product supplied by us to you pursuant to the Sales Terms and Conditions, and includes our branded accessories contained in the original packaging of the Wavepro Laptop Sleeve supplied to you.
Sales Terms and Conditions means our Sales Terms and Conditions, which has been entered between the Parties in relation to the Wavepro Laptop Sleeve.
Last Update: 14/06/21
GetWavepro Pty Ltd Terms & Conditions
- You acknowledge and agree that the products we provide are not medical devices or are designed for any sort of clinical use, to treat any illnesses, or for any therapeutic purpose.
- You acknowledge and agree that nothing on the Site or the products we provide may be taken to be medical advice, treatment or a diagnosis by us or our personnel nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs.
- It is your responsibility to ensure that the products we provide are suitable for your needs. You are not aware of any medical conditions, injuries or impairments that will be detrimental to your health if you use the products. In the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to your health, you must immediately cease using our products and contact your medical practitioner.
- You should follow all safety information and instructions provided by us before using any products we provide.
- This website (Site) is operated by GetWavepro Pty Ltd (ABN 86 649 676 960) (we, our or us). It is available at: https://www.wavepro.com.au/ and may be available through other addresses or channels.
- By accessing and/or using the Site you:
- warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
- agree to use the Site in accordance with the Terms.
- You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
- You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including any delivery and other applicable charges and taxes) at the time you place your order.
- We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
- Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
- It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
- When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
- We do not recommend that the products sold through the Site are to be used by persons under the age of 18, unless otherwise specified.
Price and payments
- You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
- You must pay the Price using one of the methods set out on the Site, such as AMEX, Apple Pay, Google Pay, Mastercard, PayPal, Shop Pay, Klarna and VISA. Only once the Price has been paid in full will your products be dispatched to you.
- You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
- If we offer payment via a third party payment processor, such as AMEX, Apple Pay, Google Pay, Mastercard, PayPal, Shop Pay, Klarna and VISA, the payment will be subject to AMEX, Apple Pay, Google Pay, Mastercard, PayPal, Shop Pay, Klarna and VISA’s terms and conditions (available via: their respective websites).
- Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.
- We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
Availability and Cancellation
- All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
- We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
Delivery, Title and Risk
- If possible, we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area), as well as to selected locations outside of Australia as set out on the Site.
- Delivery costs (if any) will be set out on the Site.
- Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company and when we expect to dispatch your products.
- If you need to change the delivery date or delivery address, please notify us immediately in writing.
- We may deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.
- Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
- Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.
Returns & Risk-free trial
- We offer a full refund of products for change of mind or if you are not satisfied with the products, where we determine:
- you have emailed us at email@example.com with the subject line ‘Sleeve Return’, including your full name and order number, within 30 days of delivery of the products;
- the products are in their original condition and have not been damaged, tampered with, or altered;
- you have not used the products in a manner inconsistent with the instructions we provide to you;
- you have sent the product back to us to the return address we provide to you.
- Subject to your compliance with clause 7(a), we will cover the costs of delivery for the return.
Australian Consumer Law:
- Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
- Where you return the products to us to seek an Australian Consumer Law remedy, we will cover the delivery costs for you to return the products to us.
- Where your claim is a valid claim under the Australian Consumer Law and depending on the failure, we will either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
Warranty Against Defects
The product may come with a warranty against defects, which you can find out about on our Site here.
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
- You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
- Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, the products, or any injury or loss to any person;
- failure or delay in providing the products; or
- breach of the Terms or any law,
where caused or contributed to by any:
- event or circumstance beyond our reasonable control; or
- act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
- We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you.
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
- Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
- Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
- Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
- Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
- Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
- Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
- Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
For any questions and notices, please contact us at:
GetWavepro Pty Ltd (ABN 86 649 676 960)
Address: 35/41 Agincourt Street, Grange, 4051, QLD, Australia
Last Update: 14/06/21
Thanks for checking out our Site and our Laptop Sleeves! We hope you will enjoy browsing our Site. This website (Site) is operated by GetWavepro Pty Ltd (86 649 676 960) (we, us or our). It is available at www.getwavepro.com.au and may be available through other addresses or channels.
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
You licence to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Conduct we don’t accept
When you use our Site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into disrepute.
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user of our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited electronic messages; or
- facilitating or assisting a third party to do any of the above acts.
Competitors are excluded from using our Site
You are prohibited from using our Site, including our Content, in any way that competes with our business.
Our Site is for your personal use only
We’ve designed our Site for you to use it personally, and not on a commercial basis. You must not use our Site, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.
Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
Intellectual Property rights
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not:
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.
Content you upload
You may be permitted to upload, publish, submit or transmit relevant information and content (User Content) on our Site. If you make any User Content available on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, to the maximum extent permitted by law, at any time (at our sole discretion), remove any User Content.
Third party sites
Our Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.
What happens if we discontinue our Site
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or our Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses; or
- our Site will be secure.
You read, use and act on our Site and our Content at your own risk.
Our liability is limited
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site, Product and/or our Content, any inaccessibility of, interruption to or outage of our Site, any loss or corruption of data or to any User Content, and/or the fact that our Content is incorrect, incomplete or out-of-date.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Terminating these terms
These Terms are effective until they are terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Dealing with a problem
If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If a part of these Terms isn’t right
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Site and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
GetWavepro Pty Ltd (ABN 86 649 676 960)
Last Update: 14/06/21
Personal information: The types of personal information we may collect about you include:
- your name;
- images of you;
- your social media profile details;
- your contact details, including email address, mailing address, street address and/or telephone number;
- your credit card or payment details (through our third party payment processor);
- your preferences and/or opinions;
- information you provide to us through customer surveys;
- details of products and services we have provided to you and/or that you have enquired about, and our response to you;
- your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
- information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
- additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
- any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
- to enable you to access and use our Services, associated applications and associated social media platforms;
- to contact and communicate with you;
- for internal record keeping, administrative purposes, invoicing and billing purposes;
- for analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms;
- to run promotions, competitions and/or offer additional benefits to you;
- for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you;
- to comply with our legal obligations and resolve any disputes that we may have; and
- if you have applied for employment with us; to consider your employment application.
Disclosure of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- our existing or potential agents or business partners;
- sponsors or promoters of any promotions or competition we run;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
- third parties to collect and process data, such as Google Analytics. This may include parties that store data outside of Australia.
Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.
How we treat personal information that is also sensitive information
Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.
We will not collect sensitive information about you without first obtaining your consent.
Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.
Sensitive information may also be used or disclosed if required or authorised by law.
Our commitment to you
Your personal information will:
- be processed lawfully, fairly and in a transparent manner by us;
- only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;
- be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;
- be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal information);
- be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal information was collected; and
- be processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage.
Your rights and controlling your personal information
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the relevant authority in the country in which you are based.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Cookies and web beacons
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our online Services.
We may use web beacons on our online Services from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
Links to other websites
For any questions or notices, please contact our Privacy Officer at:
GetWavepro Pty Ltd (ABN 86 649 676 960)
Address: 35/41 Agincourt Street, Grange, 4051, QLD, Australia
APPENDIX 1 – ADDITIONAL RIGHTS FOR INDIVIDUALS LOCATED IN THE EU
What personal information is relevant?
How we process personal information
We will process your personal information for our legitimate interest to allow you to access and use our website, to send you marketing content we think may be of interest to you, to contact you if you leave your contact details with us or if you otherwise initiate contact with us.
We will rely on performing a contract to process your personal information where we are preparing to enter into a contract with you or we are carrying out our obligations under a contract with you.
We will rely on a legal obligation to process your personal information where we are subject to a legal obligation.
If we need to rely on consent, we will ask for consent to process any of your personal information for that specific purpose before we process your personal information for that reason.
Upon written request, we may provide you with a list of the third parties we use to process your personal information
If you are under 16 years of age, you must have; and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Services and they (your parents or guardian) have consented to you providing us with your personal information.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see ‘access, erasure and data portability’ below for further information.
In some circumstances we may anonymise your personal information (so that it can no longer be associated with you) for analytics, research or statistical purposes in which case we may use this anonymised information indefinitely without further notice to you.
Extra rights for EU individuals
Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your personal information.
Restricting processing: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
Access, erasure and data portability: You may have the right to request details of the personal information we hold about you, or to request that we erase the personal information we hold about you, or that we transfer this information to a third party.
Rectification: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.
Last Update: 14/06/21