By using the WAVE Computing Novation Limited’s Website, you accept and agree to be bound by these Terms of Use unconditionally.
1. In these Terms of Use, unless the context otherwise requires, the following expression have the following meaning:-
“Confidential Information”
means any information obtained from or through the WAVE Computing Novation Limited’s Website, whether in writing or otherwise that is not publicly known including any compilation of otherwise public information in a form not publicly known but not including information that, at the time of disclosure, is publicly known; information that, after disclosure, becomes publicly known other than as a result of a breach of this Terms of Use; information that the recipient can show was known to it prior to the disclosure; and information that the recipient can show was made known to it by a third party who was entitled to do so and who did not impose any obligation of confidentiality or restricted use;
2. You shall not, whether by yourself, your agent, employees or any person authorised by you, do any of the following:
a. use any data obtained from the WAVE Computing Novation Limited’s Website to send unsolicited commercial advertising of any sort via any medium including but not limited to, the telephone, email or fax; or
b. enable high volume, automated or electronic processes to access WAVE Computing Novation Limited’s computer systems; or
c. compile, repackage, disseminate, disclose to any third party or use the data obtained from the WAVE Computing Novation Limited’s Website for any purpose; or
d. use such data obtained from the WAVE Computing Novation Limited’s Website to derive an economic benefit for yourself or any third parties.
3. You shall treat as confidential at all times all customer data and/or Confidential Information obtained from the WAVE Computing Novation Limited’s Website and such data shall not be used in any way detrimental to the customer and/or to WAVE Computing Novation Limited. You shall not divulge the customer data or Confidential Information to any person except to your own employees on a need-to-know basis. You shall prevent any unauthorised use, dissemination or publication of Confidential Information and you shall not do any act, or engage in any practice, that contravenes the Hong Kong Personal Data (Privacy) Ordinance (Cap.486). In the event of any unauthorised disclosure of protected personal data and/or Confidential Information by you, whether willfully or not, you and/or your representatives who disclose the data shall be wholly and personally liable for any losses and/or damages, whether monetary or not, which WAVE Computing Novation Limited may suffer directly and/or indirectly as a result of such unauthorized disclosure. WAVE Computing Novation Limited shall be entitled to claim for damages which including but not limited to all legal costs and expenses incurred by WAVE Computing Novation Limited in connection with the enforcement of these Terms of Use.
4. WAVE Computing Novation Limited in its sole discretion may terminate or suspend your ability to access to and/or use of the WAVE Computing Novation Limited’s Website at any time without prior notice including but not limited to, in the event of (i) a breach of these Terms of Use by you, (ii) non-performance of your obligations under these Terms of Use
5. DISCLAIMER. WAVE Computing Novation Limited ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR ACCESS TO THE WAVE Computing Novation Limited’S WEBSITE OR USE OF THE WAVE Computing Novation Limited’S WEBSITE, NOT LIMITED TO BUT INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM ANY DEFECT, ERROR, IMPERFECTION OR INACCURACY WITH THE WAVE Computing Novation Limited.’S WEBSITE, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY UNAVAILABILITY OF ANY PART OF THE WAVE Computing Novation Limited’S WEBSITE OR ASSOCIATED SERVICES OR TO ANY DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TROJAN HORSE, WORM, SOFTWARE BOMB, COMMUNICATION LINE FAILURE, SOFTWARE OR HARDWARE DATA (INCLUDING BUT NOT LIMITED TO), OR INTERCEPTION OF ON-LINE COMMUNICATION.
WAVE Computing Novation Limited MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING THE WAVE Computing Novation Limited’S WEBSITE OR THE MATERIALS AND INFORMATION CONTAINED OR REFERRED TO ON EACH PAGE ASSOCIATED WITH THE WAVE Computing Novation Limited’S WEBSITE. NO CLAIMS OR ACTIONS OF LEGAL PROCEEDINGS IN CONNECTION WITH THE USE OF THIS WAVE Computing Novation Limited’S WEBSITE BY YOU OR ANY THIRD PARTIES AUTHORISED BY YOU TO USE THE WAVE Computing Novation Limited’S WEBSITE WILL BE ENTERTAINED BY WAVE Computing Novation Limited.
6. You, your employees, agents and any person authorised by you shall not seek to recover and shall not be entitled to recover from WAVE Computing Novation Limited or to be indemnified by WAVE Computing Novation Limited against any direct, indirect or consequential loss or damage suffered by you arising out of or in connection with your use of the WAVE Computing Novation Limited’s Website.
7. You shall be held responsible for any losses and damages suffered by WAVE Computing Novation Limited arising either directly or indirectly from the use of the WAVE Computing Novation Limited’s Website by you, your employees, agents or any person authorised by you. WAVE Computing Novation Limited reserves the right to claim and take any actions or legal proceedings for recovery or compensation as a result.
8. You hereby agree to fully indemnify, defend and hold WAVE Computing Novation Limited, its affiliates or partners, agents, directors, employees harmless from and against any action, liability, costs claim, loss, damage, proceeding or expense of whatsoever nature (including reasonable legal fees, costs and expenses on a full indemnity basis) arising from or directly or indirectly related to:-
(a) your access to and/or use of the WAVE Computing Novation Limited’s Website and/or any other person or entity’s use of this service or the WAVE Computing Novation Limited’s Website where such person or entity was authorised by you to access and/or use the WAVE Computing Novation Limited’s Website; or
(b) any negligent act or omission or breach or non-observance of any of these Terms of Use by you or by any other person or entity where such person or entity authorised by you to use the WAVE Computing Novation Limited’s Website; or
(c) any materials you submit, post to, or transmit through the WAVE Computing Novation Limited’s Website.
10. All reasonable efforts are made by WAVE Computing Novation Limited to ensure the information provided on the WAVE Computing Novation Limited’s Website is accurate and/or up-to-date, WAVE Computing Novation Limited gives no warranty of any kind express or implied with regard to the accuracy or completeness of any information on the WAVE Computing Novation Limited’s Website or that the WAVE Computing Novation Limited’s Website will be error free. Information obtained through the WAVE Computing Novation Limited’s Website may contain errors including but not limited to, inaccuracies or typographical errors. WAVE Computing Novation Limited shall not be liable to you for any loss arising out of and to the extent caused by any failure by WAVE Computing Novation Limited to keep the information on the WAVE Computing Novation Limited’s Website accurate and/or up-to-date. WAVE Computing Novation Limited reserves the right in its discretion but undertakes no duty to review, edit or otherwise change without prior warning or notice any information or material contained on the WAVE Computing Novation Limited’s Website.
11. WAVE Computing Novation Limited does not guarantee that any e-mails from the WAVE Computing Novation Limited’s Website will be sent to you or received by WAVE Computing Novation Limited nor does WAVE Computing Novation Limited warrant the privacy and/or security of e-mails during Internet transmission.
12. WAVE Computing Novation Limited may use “session cookies” on the WAVE Computing Novation Limited’s Website. If you want to disallow such cookies you can do so on your Web browser. These cookies are stored on your computer temporarily, not permanently, namely for the duration of each of your visits to the WAVE Computing Novation Limited’s Website.
13. WAVE Computing Novation Limited reserves the right to amend these Terms of Use at any time without prior notice. You shall review the WAVE Computing Novation Limited’s Website regularly for keeping track of such amendments.
14. WAVE Computing Novation Limited reserves the right to log your IP address and to preserve it for reasonable time. The purpose is to help the prevention or detection of crime.
15. These Terms of Use shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
16. In the event of any discrepancy between the English and Chinese versions of this Agreement, the English version shall prevail.