Conditions of Use
Please carefully read our policies to see how we operate
Conditions of Usage
Welcome to our online store! WaveMonkey and its associates provide their products to you subject to the following conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice, please read them carefully.
The information on this website is protected by copyright:
© Copyright 2015 WaveMonkey Pty Ltd. All rights reserved.
When you visit WaveMonkey.com.au or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and video clips, is the property of WaveMonkey or its content suppliers and protected by Australian and international copyright laws.
WaveMonkey’s trademarks and trade dress may not be used in connection with any product or service that is not WaveMonkey’s, in any manner that is likely to cause confusion amongst customers or in any manner that disparages or discredits WaveMonkey. All other trademarks not owned by WaveMonkey or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WaveMonkey or its subsidiaries.
License and Site Access
WaveMonkey grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WaveMonkey. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of the site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WaveMonkey. You may not frame or utilise framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WaveMonkey and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilising WaveMonkey’s name or trademarks without the express written consent of WaveMonkey. Any unauthorised use terminates the permission or license granted by WaveMonkey. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of WaveMonkey so long as the link does not portray WaveMonkey, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WaveMonkey logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under you account or password. If you are under16, you may use our site only with involvement of apparent or guardian. WaveMonkey and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Review, Comments, Emails and Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or any for of “:spam.”: You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. WaveMonkey reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material or images, and unless we indicate otherwise, you grant WaveMonkey and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WaveMonkey and its associates and sub licensees the right to use the name you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify WaveMonkey or its associates for all claims resulting from the content you supply. WaveMonkey has the right but not the obligation to monitor and edit or remove any activity or content. WaveMonkey takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from WaveMonkey are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You can protect against this kind of loss by choosing to ship via courier or purchasing postage insurance.
WaveMonkey and its associates attempt to be as accurate as possible. However, WaveMonkey does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by WaveMonkey itself is not as described, your sole remedy is to return it in unused condition.
WaveMonkey’s total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under the “Terms and Conditions”.
The customer shall indemnify WaveMonkey and keep WaveMonkey fully and effectively indemnified against any loss or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of “Terms and Conditions”. WaveMonkey and Customer agree that WaveMonkey will not be liable for Products not being available for use/sales. WaveMonkey shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use, or performance of products or services, even if WaveMonkey has been advised of their possibility.
Any service response times stated by WaveMonkey in the service and sales contracts are approximate only and WaveMonkey shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by WaveMonkey, shall be subject to correction without any liability on the part of WaveMonkey.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY WAVEMONKEY ON AN “AS IS” AND “AS AVAILABLE” BASIS. WAVEMONKEY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, WAVEMONKEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WAVEMONKEY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM WAVEMONKEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WAVEMONKEY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting WaveMonkey, you agree that the laws of the state of NSW Australia, without regard to the principles of conflict of laws, will govern these “Terms and Conditions” and any dispute of any sort that might arise between you and WaveMonkey or its associates.
Any dispute relating in any way to your visit to WaveMonkey or to products you purchase through WaveMonkey shall be submitted to confidential arbitration in North Sydney NSW Australia, except that, to the extent you have in any manner violated or threatened to violate WaveMonkey’s intellectual property rights, WaveMonkey may seek injunctive or other appropriate relief in any state or federal court in the state of NSW Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extend permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Severability
Please review our other policies, such as our “Shipping and Returns” policy, posted on this site. These policies also govern your visit to WaveMonkey. We reserve the right to make changes to our site, policies, and these “Terms and Conditions” at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.