Terms and Conditions

WaveJet Terms and Conditions and Limited Warranty

The following terms and conditions (“Terms and Conditions”) apply to the sale of all products manufactured or distributed by or for Stand Up Sports, a South African company doing business as WaveJet Propulsion (“WaveJet” and the “Products”).

1. Transportation, Title, Risk of Loss, Costs

All Products will be shipped EXW WaveJet’s designated facility. WaveJet will make the goods available to be collected at their premises and the buyer is responsible for all other risks, transportation costs, taxes and duties from that point onwards.

2. Limited Warranty

WaveJet warrants to Customer that for a period of one (1) year from the date a Product is shipped by WaveJet, the Product will be free of defects in materials and workmanship. WaveJet will repair, replace, or refund Customer’s purchase price (in WaveJet’s sole and absolute discretion) for any Product that fails to conform to the limited warranty set forth in this Section. Such repair, replacement, or refund will be Customer’s sole and exclusive remedy for all claims of any kind arising out of or relating to the Products. Customer may not assign or pass through this Limited Warranty to any third party, and any purported assignment or pass-through is null and void. This limited warranty will not apply to any Product that (a) has had the Serial Number or other identification marking altered, removed or rendered illegible; (b) has been damaged by or subject to improper operation or has been used in any way other than in strict compliance with WaveJet’s operation manuals; (c) has become defective or inoperative due to its use with any equipment or products not supplied or approved by WaveJet; or (d) has been repaired, modified, or otherwise altered by anyone other than WaveJet.

THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, THAT THE PRODUCT WILL MEET CUSTOMER’S NEEDS, THAT THE OPERATION OF THE PRODUCT WILL BE ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

3. Limitations on Liability

WAVEJET WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES SUFFERED BY CUSTOMER RELATING TO OR ARISING OUT OF THESE TERMS AND CONDITIONS AND/OR THE USE OR INABILITY TO USE THE PRODUCTS, LOSS OF GOODWILL OR PROFITS, AND/OR FROM ANY OTHER CAUSE WHATSOEVER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WAVEJET’S LIABILITY FOR ANY CAUSE OF ACTION RELATING TO THESE TERMS AND CONDITIONS AND/OR THE USE OR INABILITY TO USE A PRODUCT EXCEED AMOUNTS RECEIVED BY WAVEJET FROM CUSTOMER FOR THAT PRODUCT.

4. Products Return Procedures

If Customer believes it has a warranty claim, Customer must contact WaveJet and obtain a Return Material Authorization (“RMA”) number. Customer will pack and ship the Product in a container which can be reasonably expected to safely transport the Product. Customer will prepay the shipping costs, and if directed by WaveJet any insurance costs, for such return. WaveJet will not accept any return Product shipment sent C.O.D. Customer will indicate the RMA number on the outer portion of the shipping container and will include a description of the problem with the Product in the shipment. If WaveJet determines that the Product is subject to a valid warranty claim, WaveJet will ship the repaired or replacement product to Customer at WaveJet’s cost (or, in WaveJet’s discretion, will refund the purchase price of such Product), and will reimburse Customer for properly documented shipping and insurance costs incurred in returning the Product to WaveJet.

5. Non-Warranty Repair

For non-warranty repairs, Customer will return the Product to WaveJet following the procedure described in Section 4 above. WaveJet will evaluate the Product, and a repair estimate will be provided to the customer within ten (10) business days of WaveJet’s receipt of the Product.

6. Force Majeure

WaveJet will not be liable for any failure to perform or other loss due to unforeseen circumstances or causes beyond its control, including without limitation acts of nature, strikes, labor, material and/or transportation shortages, natural casualties, governmental regulations, war, fire, flood, disasters and civil unrest.

7. Proprietary Rights

WaveJet will exclusively own all right, title and interest in and to all intellectual property rights embodied in or related to the Products and to all improvements thereto (the “Proprietary Rights”). Subject to Customer’s performance of all obligations hereunder, WaveJet hereby grants to Customer a personal, non-exclusive, non- transferable license to use WaveJet’s Proprietary Rights only as they are embodied in the Products as directed in WaveJet’s operation manuals and for no other purpose. Customer will not remove WaveJet’s intellectual property notices from the Products or any other materials supplied by WaveJet. Customer’s breach of this Section 7 may result in irreparable and continuing damage to WaveJet for which there may be no adequate remedy at law, and WaveJet will be entitled to injunctive relief without the posting of a bond, as well as such other and relief as may be appropriate.

8. Waiver.

WaveJet will not be deemed to waive any default of any provision of these Terms and Conditions unless WaveJet signs a written waiver to such effect.

9. Indemnity

Customer will indemnify, defend and hold WaveJet and its members, officers, managers, agents, employees and representatives harmless from and against all claims, damages, expenses, liabilities and losses, including without limitation, attorneys’ fees and costs incurred that in any way arise out of or relate to (a) the manner in which Customer or any person uses or operates the Products; (b) any personal injuries, property damage, or other losses resulting from the use of the Products by any person; (c) any transactions or agreements between Customer and other persons concerning the Products; (d) a breach by Customer of these Terms and Conditions; or (e) Customer’s integration or use of a WaveJet Pod or related accessory, as set forth in Section 15 below.

10. Entire Agreement

Customer agrees to these Terms and Conditions by making any payment to WaveJet and/or accepting delivery of any WaveJet Product. These Terms and Conditions are the sole and entire agreement between the parties. No modification of these Terms and Conditions will be valid unless in writing and signed by an authorized representative of WaveJet.

11. Governing Law and Venue

These Terms and Conditions will be construed and enforced under the laws of South Africa, without regard to conflicts of law. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Johannesburg, South Africa, for the purpose of any action brought in connection with this Agreement

12. Export.

Customer will not directly or indirectly export, transfer, or in any way distribute any of the Products, or parts thereof, or any of WaveJet’s Proprietary Rights or technical data to any country or territory that is prohibited from receiving such materials under any applicable law of the South Africa or United States, including without limitation, the United States export laws and regulations. Customer will be responsible for obtaining all export licenses or other approvals required to import, export or re-export the Products outside of the United States or Customer’s country.

13. Assumption of Risk and Waiver

Customer acknowledges it has been informed and understands that there are certain risks and dangers associated with the use of the Products. Those risks include but are not limited to personal injury, death and property damage, which may result from, among other things, loss of control, collisions with surfers or other users of watercraft, swimmers, and natural and man-made objects.

CUSTOMER FULLY UNDERSTANDS AND APPRECIATES THE DANGER INVOLVED IN USING THE PRODUCTS. CUSTOMER, ON BEHALF OF CUSTOMER AND CUSTOMER’S HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS: (A) FULLY ASSUMES THE RISKS INVOLVED AND AGREES TO USE BEST JUDGMENT IN UNDERTAKING THESE ACTIVITIES; (B) WILL STRICTLY FOLLOW ALL SAFETY INSTRUCTIONS SET FORTH IN THE WAVEJET OPERATIONS MANUALS, OTHER DOCUMENTS PROVIDED BY WAVEJET, AND APPLICABLE LAWS; AND (C) HEREBY FULLY AND VOLUNTARILY WAIVES, RELINQUISHES, COVENANTS NOT TO SUE, RELEASES AND AGREES TO INDEMNIFY AND HOLD HARMLESS WAVEJET, ITS MEMBERS, OFFICERS, MANAGERS, AGENTS, EMPLOYEES AND REPRESENTATIVES (EACH A “RELEASED PERSON”) FROM ANY BREACH OF A COVENANT SET FORTH HEREIN AND FROM ANY CLAIM OR LOSS FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH THAT MAY ARISE FROM USE OF THE PRODUCTS, WHETHER OR NOT SUCH INJURY, DAMAGE OR DEATH WAS CAUSED BY OR CONTRIBUTED TO BY THE ALLEGED NEGLIGENCE ON THE PART OF A RELEASED PERSON.

Customer, on behalf of Customer and its heirs, executors, administrators, successors, and assigns: (a) further agrees that this waiver and assumption of risk is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held as invalid, it is agreed that the balance shall nonetheless continue in full force and effect; (b) acknowledges and agrees this assumption of risk and waiver provides for the release of legal rights; and (c) expressly waives whatever benefits may be available under Section 1542 of the California Civil Code which reads as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

14. Age and Legal Restrictions

WaveJet Products are only recommended for use by persons age 12 and above (or, if higher, such other minimum age as may be prescribed by applicable law). Customer must comply with all applicable laws when using the WaveJet Products, including without limitation laws relating to the minimum age of a rider, safety and training requirements, marking requirements, speed limits, registration requirements, use taxes, alcohol and drug laws, and all other similar laws.

15. WaveJet Pods

WaveJet Pods and related accessories are intended for use only with WaveJet brand watercraft. Customer integrates or uses a WaveJet Pod or related accessory with a product other than a WaveJet brand watercraft at Customer’s own risk. WaveJet will not be responsible for any claims, damages, expenses, liabilities or losses resulting in whole or in part from Customer’s integration or use of a WaveJet Pod or related accessory with any product other than a WaveJet brand watercraft, and Customer will indemnify, defend, and hold WaveJet harmless from and against all such items as set forth in Section 9 above. Customer’s integration or use of a WaveJet Pod or related accessory with any product other than a WaveJet brand watercraft will nullify and void all of WaveJet’s representations and warranties with respect to such Pod or related accessories.

16. Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be void, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

TERMS OF SERVICE

OVERVIEW

This website is operated by Stand Up Sports doing business as WaveJet Propulsion. Throughout the site, the terms “we”, “us” and “our” refer to Stand Up Sports doing business as WaveJet Propulsion. Stand Up Sports doing business as WaveJet Propulsion offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Stand Up Sports doing business as WaveJet Propulsion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Stand Up Sports doing business as WaveJet Propulsion and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service will be construed and enforced under the laws of South Africa, without regard to conflicts of law. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Johannesburg, South Africa, for the purpose of any action brought in connection with this Agreement

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

WaveJet Shop

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the services featured on this website are EXW WaveJet’s designated facility. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. [If you do not use cookies, delete this clause.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the USA. The brand names and specific services of this Company featured on this web site are trade marked.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of South Africa govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the South African courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.