The Terms and Conditions Agreement (“Agreement”) as set out herein (“Terms”) constitute an agreement between wavmixing based in Donegal, Ireland (“wavmixing”, “we”, “us” or “our”) managing and operating the website bearing the URL: https://wavmixing.com/ and a natural or legal person who accesses and/or uses our website and/or mobile application (“Platforms”) in any manner (“you” or “your” or “User”) or uses any current or future product, service or functionality or offer made available on our website and/or mobile application (“Services”), as updated from time to time.
By using the Platforms you expressly agree to be bound by the Terms of this Agreement. If you do not agree with any of the Terms, please do not use the Platforms. If you have any questions about the terms, please contact us at contact@wavmxing.com. Please note that your access to the Services, other platforms or utilization of our Products (defined below), offers or promotions in relation to the Products as may be provided by us and/or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Services or utilization of the Product. These Terms govern your use of the Platforms and transaction or dealings thereon.
Welcome to our online mixing and mastering service, where professional quality meets affordability. With over 6 years of expertise in mixing hip hop, pop, and rock genres, we are committed to delivering fast turnaround times, maintaining the integrity of your track’s vision, and providing powerful, release-ready sound. Immersed in music production for over 6 years, we specialize in transforming raw tracks into polished, powerful songs suitable for streaming platforms, music videos, and release. Our background in professional recording studios ensures technical excellence, while our passion for the craft guarantees that we treat your music with the utmost care and attention. Whether you require a punchy mix, crystal-clear vocals, or release-ready mastering, we are dedicated to elevating your sound and bringing your musical vision to life.
For the purposes of these Terms:
- “Platforms” relates to the website having URL: https://wavmixing.com/, which may include its corresponding mobile application, any other digital mode and/or operating system as provided by us, wherein you may purchase the Products and includes applications controlled and managed by us which interact with one or more such mobile applications and/or websites and digital modes as provided by us;
- “Products” shall include the comprehensive online mixing and mastering services available on the Platform including but not limited to stem editing, standard pitch correction, compression & EQ, vocal comping, delay, reverb, and presence, simple effects, complex effects, industry standard mastering and/or any other service offered by us, for reasonable compensation as reflected in this Agreement and on the website, which shall be reflected on the Platforms and in this Agreement; and
- We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
Please read this Agreement carefully to understand the conditions applicable in case of usage of the Platforms and for purchase of the Products thereof.
- GENERAL
- 1. The terms and conditions for usage of the Platforms as set out herein (“Terms and Conditions”) specifically govern your access and use of the Platforms, which provides a forum for you to inter alia enable you to discover, avail our Services, and/or select and buy our Products, as listed on the Platforms, at the indicated price at any time, from the locations serviceable by us, including but not limited to, within the territory of Canada and/or any other territory as we declare on our Platforms and/or in these Terms and Conditions.
- 2. Please note that we may, from time to time, change this Terms and Conditions Agreement that governs your use of the Platforms. Every time you wish to use our Platforms, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platforms or suspend the operation of the Platforms for support or maintenance work, in order to update the content or for any other reason, at any time.
- 3. Any accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms and Conditions, the Privacy Policy, and the Refund Policy of the Platforms and any other policies or guidelines that may be applicable to your usage of the Platforms at the time of your access and usage of the Platforms and which may be updated from time to time.
- 4. This document is an electronic record coming under the purview of the Personal Information Protection and Electronic Documents Act (PIPEDA) and individual provincial legislation in each province and territory of Canada, and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Canadian Legislature. This electronic record is generated by a computer system and does not require any physical or digital signatures and your usage of the Platform or the Services and/or purchasing of the Products deems your acceptance of the terms of this Agreement.
- 5. We authorize you to view and access the Platforms solely for identifying our Services, carrying out purchases of our Products and processing returns and refunds. Therefore, we grant you a limited, revocable permission to access and use the Platform provided by us.
- 6. We may, from time to time, and at our sole discretion, offer promotions, being exclusive in nature and for a limited period of time, for promoting some of our Products on the Platforms, and during such promotions, we may offer lowered prices for the Products. However, such prices may be changed and/or altered as per our convenience. We may, from time to time, and at our sole discretion, also organize contests and sweepstakes on the Platforms and such contests and/or sweepstakes shall have rules and regulations as decided and/or made applicable by us.
- 7. By accepting this Agreement, you affirm that you are 18 (eighteen) years of age, or above, in case you are a resident of Canada, and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement and/or any other age held as the legal age of majority in your country. If a User is below 18 (eighteen) years of age in Canada and/or any other country with a different age of attaining legal majority, it is assumed that he/she is using and/or browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agreed and/or agrees to the Terms of this Agreement, including terms of purchase of the Products on behalf of the minor User under the age of 18 (eighteen) years in case of Canada and/or any other country with a different age of attaining legal majority. In the event we are made aware that a User is under the age of 18 (eighteen) years in case of Canada and/or any other age held as legal majority in the User’s country and is using and/or browsing the Platforms without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such User’s account without further notice. Further, if you are using the Services or purchasing the Products on behalf of a company or an organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
- REGISTRATION OF YOUR ACCOUNT
- 1. In order to purchase the Products on the Platforms, you will have to register yourself on the Platforms. Registration is a one-time process based on the successful verification of OTP (One Time Password) sent to you, as a new user, to your email id and/or mobile number, for verification and you will be eligible to further access and avail the Services only after filling in the necessary forms and details such as full name, permanent address, shipping address, and/or any other information as may be required by us at the time of your registration. For availing any Service, you should login to your account by completing the successful mobile and/or email OTP verification. You may be allowed to purchase the Products and/or avail the Services as a guest, however, we shall still collect necessary details, being personal information, about you through necessary forms in order to successfully deliver the Products to you. Please read our Privacy Policy in order to understand how we collect your personal information and non-personal information and what we do with them.
- 2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platforms and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
- 3. You shall:
- 3.1. immediately inform us of any unauthorized use of the account or any other security breach; and
- 3.2. ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms and Conditions. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platforms, terminate accounts, remove or edit content or our Products, at any time without giving prior notice to you. Hence you are directed to check the Platforms and this Agreement from time to time in order to be fully informed of any changes or modifications being made in our Platform, Services or Products.
- PRICING
- 1. We believe in transparent pricing, tailored to suit your specific needs. You may choose from our range of packages designed to accommodate solo artists and professionals alike, ensuring you find the perfect fit for your music project. Mentioned below is a comprehensive Products table containing details of the Products available under each package name and the price of each package:
Solo Artist
|
Pro Artist
|
Label Artist
|
● Stem Editing
● Standard Pitch Correction
● Compression & EQ
● Vocal Comping
● Delay, Reverb and Presence
● Simple Effects
● Industry Standard Mastering
● Up to 10 Stems
● Unlimited Revisions
|
● Stem Editing
● Manual Pitch Correction
● Compression & EQ
● Vocal Comping
● Delay, Reverb and Presence
● Complex Effects
● Industry Standard Mastering
● Up to 30 Stems
● Unlimited Revisions
|
● Stem Editing
● Manual Pitch Correction
● Compression & EQ
● Vocal Comping
● Delay, Reverb and Presence
● Complex Effects
● Industry Standard Mastering
● Up to 50 Stems
● Unlimited Revisions
|
Price: $100/song
|
Price: $150/song
|
Price: $200/song
|
It is hereby declared that the package name, package description, package price and the Products offered under each package shall be subject to change, based on the sole discretion of wavmixing and such change shall be reflected on the Platforms as well as on this Agreement.
- 2. After the submission of your requirements, we shall carefully review your project files and your requirements in order to ensure everything is in order and to provide you with an accurate quote and/or price. In case of personalized proposals, suitable for your needs, such personalized proposals shall be offered by us at our sole discretion and such personalized proposals shall be made upon proper consultation with you. You shall receive a personalized proposal outlining the price breakdown, services offered and project timeline. The pricing breakdown shall be transparent and solely based on the “Pricing” clause and any add-ons you have selected for the project shall have no hidden costs or made-up prices.
- 3. You shall be offered unlimited revisions, modifications and/or changes in each package until you are completely satisfied with the end result of your track. A revision may include but not be limited to reasonable adjustments, modifications and/or changes to the mix balance, EQ, effects, vocal editing, stem replacements, and/or other Products offered in each package. However, please note that major changes to the arrangement or vocal performance may incur additional fees and shall be reasonably communicated to you. For more information on our revision policy and any associated fees, please contact us at contact@wavmxing.com. Your satisfaction is our priority, and we are committed to ensuring your music meets your vision.
- 4. To ensure the prompt commencement of the Product opted by you and to establish mutual protection, we kindly request full upfront payment for our services offered in the Products. Upon confirmation of your order, we shall promptly send a secure payment request via PayPal for your convenience which shall be payable by you, before the commencement of the project and/or the Product. Upon successfully receiving the upfront payment, we shall commence with the order.
- 5. We understand that some Products and/or projects may occasionally involve more stems than initially anticipated. Here’s how we address such situations:
- 5.1. You shall incur a flat fee of four dollars (2$) for each additional stem exceeding your package limit. This additional charge shall be added to your final invoice and shall be payable by you before the commencement of the order and/or Product.
- 5.2. If you are uncertain about whether your track may exceed the stem limit, you may select the package that appears to be the closest fit for your project and/or Product, and we shall readily accommodate any extra stems, if necessary.
- 5.3. We may offer you the option of upgrading your package, if it better aligns with the requirements of your project.
- 5.4. By offering flexibility and transparency in our approach to handling additional stems, we aim to ensure that your project and/or Product receives the attention and resources it deserves, without encountering any unexpected costs or complications. For help reducing your stem count before submitting your project, contact us through the information provided in clause 19 and we shall guide you further.
- DELIVERY
- 1. Our priority is to deliver your polished mix and master track promptly. We aim to provide completed tracks within three (3) business days from the time of order placement, in case of all categories of Products and/or pricing packages offered by us, as listed in clause 3.1. of this Agreement. For urgent projects requiring expedited delivery, we offer a rush order add-on with a twenty four (24) hour turnaround for an additional fee of fifty dollars ($50). However, you must indicate whether you require this add-on when filling out our service order form as displayed and/or available on our Platforms. Please note that complex projects or those necessitating additional revisions may extend this timeline and we do not guarantee delivery within three (3) business days in such scenarios. Furthermore, the expected delivery times outlined above apply per single track and in case of multiple tracks, the delivery time may be added by three (3) days for each additional track. For Products involving multiple tracks or an album, the delivery time may increase accordingly.
- 2. We strive to accommodate your deadlines and ensure timely delivery of your music, while maintaining our commitment to quality and excellence in every project. If you have any questions or require further clarification regarding delivery timelines, feel free to reach out to us at contact@wavmxing.com. Your satisfaction is our top priority.
- HOW WE WORK?
- 1. We adhere to industry-standard loudness levels on all our mastered tracks to ensure your Product and/or music stands out with energy and competes effectively within your genre. Please note that loudness goals may vary slightly by genre, with some genres traditionally requiring louder masters, such as Hip-Hop, etc. Moreover, our aim is to achieve the following LUFS (Loudness Units Full Scale) measurements, tailored to your specific genre being:
- 1.1. Hip-Hop, Trap, Drill: -9 to -7 LUFS; or
- 1.2. Pop, Rock, House, Dance Hall: -12 to -9 LUFS.
- 2. By adhering to these standards, we guarantee that your Product and/or music will maintain its energy and impact, enhancing its appeal and competitiveness within your target audience. In case, if you have a specific loudness target in mind, let us know by writing to us at contact@wavmxing.com and we shall work with you to achieve it.
- 3. All of our sound engineering work is conducted within a fully-acoustic treated studio room, ensuring optimal conditions for precise mixing and mastering. Mentioned below are the hardwares and softwares used by us in order to provide you with the Products:
- 3.1. Hardware
- 3.2. Software
- 3.2.1. Logic Pro DAW;
- 3.2.2. FL Studio 21 Signature Edition DAW;
- 3.2.3. UAD Plugins: 1176 Compressors, LA-2A Compressors, Pultec;
- 3.2.4. EQs, Lexicon Digital Reverb, Oxide Tape;
- 3.2.5. FabFilter Plugins;
- 3.2.6. Oeksound Soothe2;
- 3.2.7. PA Plugins: Maag EQ4, Vocal Enhancer, Shadow Hills Mastering; Compressor, Purple Audio MC 77;
- 3.2.8. VocAlign Project 5;
- 3.2.9. Valhalla Plugins;
- 3.2.10. Waves Plugins;
- 3.2.11. Antares Autotune;
- 3.2.12. iZotope RX; and
- 3.2.13. Dolby Atmos Renderer.
- 4. In case of analog studio gear required for any specific project, such analog studio gear may be rented by us, if specifically requested for your project needs. However, the renting of such analog studio gear may attract additional costs, different from the pricing structure mentioned in clause 3.1. of this Agreement.
- COMMUNICATION AND UNSUBSCRIPTION
- 1. By accepting the Terms and Conditions of this Agreement, you hereby accept to receive news, updates, offers and/or campaign related SMS or emails, to your registered mobile phone number and/or email address provided by you, to us. By accessing and using the Platforms and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new Services, products, promotions, changes, updates, or offerings.
- 2. You can unsubscribe and/or opt-out from receiving such marketing or promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications which shall be provided to you by the customer support executive employed by us, after you successfully contact them or by contacting at contact@wavmxing.com.
- TERMS AND CONDITIONS FOR ONLINE PAYMENT
- 1. These terms and conditions apply to the User who uses the Online Payment services provided for any payment made to us. By authorizing a payment to us through the online payment service (“the payment service“), it would be treated as a deemed acceptance of these Terms and Conditions. We reserve all the rights to amend these terms and conditions according to the following key terms:
- 1.1. Payment(s) for the Product on the Platform may only be made via PayPal and/or through any other service as may be informed and reflected on the Platforms and in this Agreement;
- 1.2. It is recommended that the user make necessary enquiry about the charges or fees payable for each transaction made via PayPal.
- 1.3. The PayPal information supplied at the time of using the payment service is processed by the online payment gateway provider being PayPal and is not supplied to us. It is the sole responsibility of the PayPal user to ensure that all the information entered is correct. It is recommended that you retain a copy of the transaction, which might assist in resolution of any issues that may occur during the transaction.
- 1.4. The User agrees, understands and confirms that his or her personal data including but without limitation, details relating to PayPal information transmitted over the Internet, may be susceptible to misuse, hacking, theft and/or fraud and that we or PayPal have no control over such matters.
- 1.5. The payment service is provided using the payment gateway service of PayPal through a secured website. However, neither the payment gateway service of PayPal nor we give any assurance, that the information so provided online by a User is secured and will not be read and/or intercepted by a third party.
- 1.6. We do not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user availing the payment service.
- 1.7. We and/or the payment service providers shall not be liable for any inaccuracy, error or delay in, or omission of:
- 1.7.1. any data, information or message; or
- 1.7.2. the transmission or delivery of any such data, information or message; or
- 1.7.3. any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message.
- 1.8. Under no circumstances shall we and/or PayPal, its employees, directors, and its third party agents involved in processing, delivering or managing the payment services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary damages arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the payment services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or interruption or termination of the payment service.
- 1.9. The User hereby agrees that neither we nor any of our employees shall be held liable by the User for any loss or damages arising from the User’s use of, or reliance upon the information contained on the Platform, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond the reasonable control of us.
- 1.10. The User agrees that the PayPal details provided by him or her for use of the aforesaid payment services and such information must be correct and accurate and that the User shall not use a PayPal account, that is not lawfully owned by him or her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid PayPal details.
- 1.11. The User is fully and lawfully entitled to use a PayPal account for such transactions and is responsible to ensure that sufficient balance is available in the PayPal account at the time of making the payment.
- RATING AND REVIEW
- 1. Your feedback is invaluable to us as we strive to continually improve our Platform, Services and Products. By using our Platform, you agree to the following terms regarding ratings and reviews, being:
- 1.1. Participation in rating and reviewing our Products is voluntary. You are not obligated to provide feedback;
- 1.2. Reviews should reflect your genuine experience with our Products, the Platform and the Services. We encourage honesty and transparency in all feedback provided;
- 1.3. Reviews must adhere to our community guidelines and you refrain from posting any form of offensive, defamatory, or inappropriate content or review which can hurt the sentiments of other users or other third parties;
- 1.4. Reviews may be moderated to ensure compliance with our guidelines and we reserve the right to publish, edit, or remove reviews at our discretion, particularly those deemed defamatory in nature and/or in violation of our policies;
- 1.5. Reviews may be publicly visible on our Platform and may be accessible to other users and by submitting a review, you acknowledge and consent to its potential visibility and/or display to the public;
- 1.6. We may choose to respond to reviews in a professional manner, addressing any concerns or feedback provided. However, we are not obligated to respond to every review;
- 1.7. We may use reviews and ratings for promotional or marketing purposes, provided they are used in accordance with our Privacy Policy and applicable laws;
- 1.8. By submitting a review, you grant us a non-exclusive, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the content worldwide in any media; and
- 1.9. If you have any concerns regarding a review, please contact us directly to discuss the issue. We are committed to resolving disputes amicably and in accordance with our Terms and Conditions.
- DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
- 1. We will try to ensure that all information and recommendations, whether in relation to the pricing, website, Services, Products, offerings or otherwise (hereinafter “Information”) provided as part of this Platforms is correct at the time of inclusion on the Platforms. However, we do not guarantee the accuracy of the Information. Moreover, we make no representations or warranties as to the completeness or accuracy of the Information.
- 2. You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such Information for your purpose, prior to use, or in connection with the making of any decision. No Information on the Platforms shall constitute an invitation to invest in us or any affiliates. Any use of this Platforms or the Information you gather from the Platforms must be used and/or relied upon at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Platforms. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites or websites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense and we shall bear no liability for the same.
- 3. The User shall refrain from accessing, storing, disseminating, or transmitting any viruses, or any content during the utilization of the Platform that:
- 3.1. violates laws, poses harm, threatens, defames, is obscene, infringes, harasses, or exhibits racially or ethnically offensive characteristics;
- 3.2. facilitates unlawful activities;
- 3.3. is inherently illegal or causes harm or injury to any individual or property; and
- 3.4. pertains to adult content, such as sexual or pornographic material.
- 4. The User shall not save as allowed by any applicable law incapable of exclusion by agreement between the Parties:
- 4.1. except to the extent expressly permitted under this Agreement, attempt to copy, alter, replicate, derive works from, frame, reproduce, download, exhibit, transmit, or distribute all or any part of the Platform or product description, in any format or medium, or by any means;
- 4.2. endeavor to reverse compile, disassemble, reverse engineer, or otherwise convert to human-readable form all or any portion of the Platform;
- 4.3. access any part of the Platform and Product description to develop a product or service competing with the Platform and/or the Product description of wavmixing;
- 4.4. utilize the Platform and/or Product description to provide services to third parties;
- 4.5. except as stipulated in clause 16 of this Agreement, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or commercially exploit the Platform and/or the Product description, or otherwise make them available to any third party, or
- 4.6. attempt to gain or aid third parties in gaining access to the Platform and/or Product description.
- 5. As a means to assist the users in identifying the Product of their choice, we provide audio, visual, and audio-visual representations on the Platforms including graphics, illustrations, audios, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate audio, visual and audio-visual representation(s), we disclaim any guarantee or warranty of exactness of suchaudio, visual and audio-visual representation(s) or description of the Product, with the actual Product ultimately delivered to the Users. The appearance of the Product when delivered may vary for various reasons beyond our reasonable control.
- 6. You agree that the promotions organized by us may lead to reduced prices being displayed for certain Products during such promotions, however we reserve the right to alter the prices of such Products at our sole discretion, during or after the end of the promotion. We may also choose to not let you avail the benefits of such promotions and such decisions shall solely lie on our discretion. You also agree that we bear all right related to the fixing of rules and regulations related to the contests and sweepstakes that we organize on the Platforms and we may alter and/or change the rules as per our convenience, without giving you any prior information or notice for the same. We hereby declare that we shall not be held liable for such promotions, contests and sweepstakes organized by us, on the Platforms.
- 7. Nothing contained herein is to be construed as a recommendation to use any Service, Product, process, equipment or formulation, in conflict with any trademark, patent or other intellectual property rights, or otherwise, and we make no representation or warranty, express or implied that, the use thereof will not infringe any trademark, patent, intellectual property or otherwise.
- 8. We do not covenant or provide any representations and warranties:
- 8.1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose or consumption or content (including the Service or pricing information and/or specifications) on the Platforms;
- 8.2. that the website and the Platform shall be made available and shall be functional at all times; and
- 8.3. that the operation of the Platforms, including the functions contained in any content, information and materials on the Platforms or any third-party sites or services linked to the Platforms will be uninterrupted, or that the defects will be rectified, or that the platforms or the servers that make such content, information and materials available are free of viruses or other harmful components.
- 8.4. THIS PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORMS, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- 8.5. Disclaimer – To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Platforms.
- AVAILABILITY AND ACCESSIBILITY OF THE PLATFORM
- 1. We control and operate these Platforms from the territory of Ireland and make no representation that the materials and the content available on the Platforms are appropriate to be used or will be available for use in other locations outside of the territory of Ireland. If you use this Platforms from outside the territory of Ireland, you are entirely responsible for compliance with all applicable domestic laws and statutes. These Terms and Conditions do not constitute, nor may these Terms and Conditions be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
- 2. Information that we publish on the world wide web (www) may contain references or cross references to our Products, programs and Services that may not be announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country.
- 3. We constantly monitor the User’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law or statute in Canada and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Platforms fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platforms and any other unlawful acts or omissions in breach of these Terms and Conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
- THIRD PARTY INTERACTIONS
- 1. In your use of the Platforms, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platforms or access any other third-party website linked to the Platforms. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for the Products, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
- COPYRIGHTS
- 1. The Platforms contains agreements, policies, material, including text, graphics, photographs, videos, and sound, which is protected by copyright and/or other intellectual property rights (“Protected Content”). All copyright and other intellectual property rights in the Protected Content are either owned by us or have been licensed to us by the owner(s) of those Protected Contents, so that we can use the Protected Content as part of wavmixing. We retain copyright on all Information, including text, photographs, videos, graphics and sound, and all trademarks displayed on the Platforms, are either owned by us or licensed to us.
- 2. You may use and display the Protected Content on your personal computer only for your personal use, subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license, to you by us, when you register on the Platforms, only for identifying Products, carrying out purchases of Products and processing returns and refunds, and for using and printing copies of the information on the Platforms for your personal use and/or storage of the files on your computer for personal use only and not for business purposes.
- 3. You may not:
- 3.1. copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Protected Content contained in the Platforms. These restrictions apply in relation to all or part of the Protected Content available on the Platforms;
- 3.2. copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system;
- 3.3. reproduce any part of the Platforms or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other website;
- 3.4. remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Platforms; or
- 3.5. link any other material to the Platforms, without our express written consent.
- 4. The license granted to you does not include a license for:
- 4.1. resale of the Products or commercial use of the Platforms or Protected Content;
- 4.2. any collection and use of Product listings, description, or prices;
- 4.3. any use of Platforms, the Services, the Products and/or of Protected Content, other than as contemplated in these Terms and Conditions;
- 4.4. any downloading or copying of login credentials of user;
- 4.5. any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platforms; and
- 4.6. creating and/ or publishing your own database that features parts of the Platforms.
- TRADEMARKS
- 1. All the trade names associated with us and all logos denoted with “TM” or “R” on our Platforms and Services are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our Product or Service.
- 2. If you believe that your intellectual property rights have been violated in a way that raises concerns of infringement, please write to us at contact@wavmxing.com and let us know of your concerns.
- LICENSE AND USE OF YOUR CONTENT
- 1. You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platforms including but not limited to reviews and ratings without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platforms. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of agreements, deeds and documents, at its request.
- 2. You agree that we do not routinely monitor your postings on the Platforms but reserves the right to do so. However, if we become aware of inappropriate use of the Platforms or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
- 3. Unauthorized use of any materials contained on the Platforms shall not violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations within the territory of Canada. You alone are responsible for your actions or the actions of any person using your account by logging into your account through your username and password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platforms or the use of the Platforms by any person using your account by logging into your account through your username and password (including without limitation your participation in the posting areas or your Ratings and Reviews) violates any applicable law or regulation, or the rights of any third party.
- 4. We reserve the right to terminate access to our Platforms at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms and Conditions which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms and Conditions Agreement shall survive the termination or expiration of the Terms and Conditions Agreement.
- INDEMNIFICATION AND LIMITATION OF LIABILITY
- 1. You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access or use of the Platforms, the Services or purchasing of Products, violation of these Terms and Conditions, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- RELATIONSHIP BETWEEN THE PARTIES
- 1. This Agreement does not aim to establish a partnership between wavmixing and the User, nor does it authorize either party to act as an agent for the other. Neither party has the authority to act on behalf of the other or bind them in any manner, including making representations or warranties, assuming obligations, or exercising rights or powers.
- APPLICABLE LAW AND JURISDICTION
- 1. These Terms and Conditions are governed by and to be interpreted in accordance with the laws of Canada being the Personal Information Protection and Electronic Documents Act (PIPEDA) and/or individual provincial legislation in each province and territory in Canada, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Platforms whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at _____, Canada for the resolution of all such disputes.
- GRIEVANCE OFFICER
- 1. In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer at:
Name: ____________________
Designation: Grievance Officer
Email Address: grievanceofficer@_________________
- CONTACT INFORMATION
- 1. We offer multiple ways to stay in touch, ensuring your convenience. You can choose to contact us through the following methods being:
- 1.1. Email: For detailed inquiries or sending instructions, please contact us at contact@wavmixing.com
- 1.2. WhatsApp: For quick updates or brief questions please contact us on WhatsApp through this number +447543827314 or by clicking on this link being wa.me/+447543827314/.
- 1.3. Live Chat: The Live Chat feature is available for assistance directly on our Platforms and/or in our website and you shall locate them in the bottom right corner or our webpage.
- FORCE MAJEURE
- 1. We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to natural calamities, floods, earthquakes, cyclones, strikes, lockdowns, pandemics, wars or any other cause which is beyond our reasonable control.
- WAIVER
- 1. No provision in these Terms and Conditions will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
- SEVERABILITY
- 1. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and Conditions and the remainder of these Terms and Conditions will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms and Conditions will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
- AMENDMENT
- 1. These Terms and Conditions are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms and Conditions as available on the Platforms. Your relationship with the Platforms will be governed by the most current version of these Terms and Conditions, as published on the Platforms.
- MISCELLANEOUS
- 1. In addition to these Terms and Conditions, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as the terms and conditions related to PayPal, bank offer(s), brand promotional offers, whose links, if any, are contained and/or embedded in the Services offered by them through us. You agree that we will not be liable for any transaction between yourself and any such third parties.
- 2. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platforms, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms and Conditions.