Terms and Conditions
By accessing this Modern Wave Systems web site ("Site") you agree to be bound by the following terms (“User Terms”). This Site is operated by Modern Wave Systems (“Modern Wave Systems”). “You” and “your” refer to users of the Site. The Site is the property of Modern Wave Systems and its licensors. IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT USE THE SITE. Modern Wave Systems reserves the right, at its sole discretion to change, add or remove portions of these User Terms, at any time. It is your responsibility to check these User Terms for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Providing that you comply with these User Terms, Modern Wave Systems grants you a personal, non-exclusive, non-transferable, limited permission to enter and use this Site.
1. No warranty or representation
While Modern Wave Systems uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with Modern Wave Systems, its suppliers or affiliates. Neither Modern Wave Systems, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if Modern Wave Systems has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTEROPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the content of this Site may occur without notice.
2. Use of information
The information on this Site is for informational purposes only. You agree that you will use the Site and any Content found on the Site solely for your personal, lawful purposes and that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against Modern Wave Systems, its suppliers or affiliates. You may not: (a) post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on the Site: constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder; (iii) promoting racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (iv) which solicits passwords, personal information, funds, goods and/ or services or otherwise solicits information for commercial or unlawful purposes (v) that contains advertising; (b) engage in any conduct that impersonates any person, licensed professional, business or entity, including Modern Wave Systems and our employees and agents; (c) otherwise use this Site in a way that is contrary to law or which could adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components. Modern Wave Systems reserves the right (but not the obligation) at our sole discretion to refuse or delete any User Content and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of these User Terms or for any other reason.
This Site may contain links to other websites that are not under the control of Modern Wave Systems. Modern Wave Systems is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. Modern Wave Systems provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Modern Wave Systems of the Linked Site. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites , which you should locate and review.
All text, comments, messages information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video and code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of the foregoing, (together “Content”) on the Site is proprietary and is owned, controlled or licensed by or to MODERN WAVE SYSTEMS, and is protected by all applicable laws and rights (including but not limited to) trademark and copyright laws, various other intellectual property rights and laws and unfair competition laws. Except as permitted by these User Terms or otherwise by Canadian laws, no part of the Site and no Content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted or distributed in any form or by any means or stored in any retrieval system of any nature in any way without Modern Wave System’s consent. You may use information on Modern Wave Systems products and services from the Site provided that: you do not remove any proprietary notices, (ii) such is use is for personal, non-commercial purposes, (iii) you do not share or make accessible such information on any networked computer or broadcast of any sort, (iv) you make no modification to such information and (v) you do not make any claims, representations or warranties with respect to such information.
5. User content
By posting or uploading to the Site any text, comments, messages, information, data, graphics, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video, code or any other form of content or information (collectively "User Content"), you warrant that you own all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses (hereafter “clearances”) with respect to your User Content and that neither you nor any third party will object to the use of your User Content by Modern Wave Systems in any manner; (ii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Site as applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Content; (iii) acknowledge and agree that Modern Wave Systems is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (iv) acknowledge and agree that any User Content that you provide for display on the Site will be considered non-confidential.
Modern Wave Systems may edit or remove any or all User Content whether or not it is in violation of the provisions of these User Terms. Modern Wave Systems is not responsible for User Content in any way. You hereby grant to Modern Wave Systems a worldwide, royalty- free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub license any and all material or information submitted by you to Modern Wave Systems and/or to incorporate it in other works regardless of form, medium or technology and you waive any and all moral rights in the foregoing in favor of Modern Wave Systems.
If you post User Content to any part of the Site, you understand and agree that anyone with access to the Site will be able to access, use and/or disclose any information that you include in any such content (including, without limitation, any personal information such as your name, e-mail address, etc.). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the Site. You understand and agree that Modern Wave Systems shall not be liable for any access to, use of or disclosure of any information you include in any such User Content.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for. When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss. In order to prevent financial loss to our or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or violation of law. Payment for any on-going services is billing automatically until notification that you would like to terminate your access to the services.
7. Sales of Goods and Services
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including produce descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
8. Shipping, Delivery and Return Policy
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sales and we reserve the right to place and additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following. Info@modernwave.ca
If you are unhappy with anything you have purchased on our website, you may do the following. Request a refund by contacting Modern Wave Systems at modernwave.ca within 30 days of purchase date.
9. Reverse Engineering & Security
You may not undertake any of the following actions:
1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
2. Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Modern Wave Systems is under no obligation to monitor the Site and assumes no responsibility or liability should any content on the Site be modified or altered in any way without Modern Wave Systems consent. However, you agree that Modern Wave Systems has the right to, without notice or liability, monitor use of the Site and monitor, review and retain such content, material or information; and/or (ii) disclose to third parties any information or any content, material or information associated with the Site by or about you or your use of the Site if Modern Wave Systems believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce these User Terms or other Modern Wave Systems user terms, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. Modern Wave Systems reserves the right in its sole discretion to issue any response it considers appropriate if Modern Wave Systems becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property rights.
11. Product descriptions
Modern Wave Systems attempts to be as accurate as possible. However, Modern Wave Systems does not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error- free. If a product offered by Modern Wave Systems is not as described, your sole remedy is to return it in accordance with the Return Policy posted on this Site or any other applicable return policy. Price and availability information is subject to change without notice.
12. Site policies
You are responsible for maintaining the confidentiality of any Modern Wave Systems account that you may hold, including all login usernames and passwords that you may use to access any part of the Site. You are similarly responsible for all uses of your Modern Wave Systems account through the Site whether or not such uses are actually authorized by you. Please also review our other policies such as Security, Copyright, Privacy, Shipping and Delivery, Acceptable Use Policy and Return Policy posted on the Site. These policies also govern your visit to this Site and are incorporated into and considered part of these User Terms.
You acknowledge that you have read the Modern Wave Systems privacy commitment (as it may be updated from time to time) (the "Modern Wave Systems Privacy Commitment") and hereby consent to the collection, use and disclosure by MODERN WAVE SYSTEMS and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Modern Wave Systems Privacy Commitment. Modern Wave Systems’ use of customer information is also subject to applicable terms and conditions including those contained in Modern Wave Systems General Terms of Service (as amended from time to time), copies of which are available at www.modernwave.ca
Modern Wave Systems assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.
15. Data Loss
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
16. Right of indemnification
You agree to defend, indemnify and hold Modern Wave Systems, its suppliers, alliance partners, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these User Terms by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
17. Limitation of liability
Under no circumstances, including but not limited to one or more of the following: negligence, gross negligence, negligent misrepresentation or fundamental breach; shall Modern Wave Systems, its alliance partners, suppliers, affiliates and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results directly or indirectly from the use or the inability to use any content or information on the Site or the transmission of confidential or sensitive information over the internet.
These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that neither Modern Wave Systems nor its alliance partners, suppliers, affiliates, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive, unlawful or illegal conduct of any user including you.
Modern Wave Systems failure or delay in insisting upon or enforce strict performance of any provision of these User Terms shall not be construed as a waiver of any provision or rights.
19. Governing laws
By visiting the Site, you agree that these User Terms shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.
All prices are quoted in Canadian dollars and do not include applicable taxes or shipping and handling.
21. No solicitation
The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
The Site originates in Canada. Modern Wave Systems products and services are offered in Modern Wave Systems operating territory. Some products and services referred to on the Site may not be available in parts of Modern Wave Systems' operating territory or may not be compatible with party line services.
23. CRTC compliance
Modern Wave Systems and you acknowledge and agree that: (a) the charges for, and availability of, any content supplied by Modern Wave Systems through this Site are in no way contingent or conditional on your subscription for the provision of any tariffed or tariffable service from a Modern Wave Systems affiliate; and (b) non-forborne telecommunications services, and bundled services that include non-forborne telecommunications services, are required to be provided, and shall only be provided, in accordance with tariffs approved by the Canadian Radio- television and Telecommunications Commission.
Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide be electronics means by accessing or using this Website are not confidential or exclusive, except to the extend required by the applicable laws, and that communications by email may be intercepted, altered, or lost.
These User Terms, including all other documents incorporated by reference herein, are binding and constitute an agreement between Modern Wave Systems and you with respect to your use of this Site. If any part of the User Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. The parties have required that these User Terms and all related documents be drawn up in English.
26. Cancellation Charge and Renewal of subscription service. The Customer agrees to continue the subscription service and to pay for same at Company's prevailing rates for a period and thereafter from the initial term then month to month until cancelled by the Customer in writing, indicated on the chosen plan. In the event the Customer cancels prior to the end of the subscription term, the Customer agrees to pay, in addition to any charges for services rendered prior to cancellation, the balance owing on the subscription, as liquidated damages and not as penalty. If cancelled within 15 days the free equipment must be returned in good condition otherwise the replacement cost will be owing.
27. If a payment has failed or cannot be collected due to but not limited to the expiration of a payment method, during the commitment period of a subscribed pricing plan, the purchaser of said plan is responsible to re-subscribe to said plan with an updated payment method within 7 days. After 7 days, if payment has not been received, the account and its features will be suspended. After 30 days, if payment has not been made, the account will be terminated. In order to have the service re-instated after the 30 days, there will be a $99.00 activation fee.