Last Update: May 19th 2021
In order to use Wavy‘s Services (except for the Wavy Website), you are required to have:
You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable license during the Term to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter in the course of using Wavy‘s Services; or (b) we collect from you in the course of providing the Services ((a) and (b), collectively, the "User Data"), to: (i) develop, enhance and make available Wavy‘s Services; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the "Aggregated Statistical Information"). We are free to create, use and disclose Aggregated Statistical Information for any purpose and without obligations of any kind.
To access certain features of Wavy‘s Services, you may be required to successfully sign up for a user account using the available interfaces of Wavy‘s Services and login credentials ( "Login Credentials"). You will keep your Login Credentials secure and will not share your Login Credentials with anyone else. We reserve the right to disable any Wavy account at any time in our sole discretion. If we disable access to your Wavy account, you may be prevented from accessing Wavy‘s Services.
You will pay all applicable fees in connection with Wavy‘s Services, as provided to you (e.g. via Wavy‘s Service Agreement with you). Fees are quoted and payable in Canadian dollars.
Wavy reserves the right to modify such fees, upon reasonable notice, which may be performed by updating Wavy‘s standard price list, amending applicable Service Agreements it has with you, or as otherwise set forth on Wavy‘s Website.
Depending upon the Experience or other services you enroll in, register for, or otherwise sign up for (collectively, "enroll"), we may permit you to be enrolled: (i) by telephone, (ii) at our Wavy Website, (iii) by some other method we expressly permit, or (iv) by a third party who is authorized to enroll you on your behalf (collectively, the "Enrollment Process"). If your Experience is paid for by a third party (e.g. your employer), you will not be asked to provide payment information and you will not be charged for the Experience you enroll in. Otherwise, Wavy or a third party processor will charge the Experience (or other Service) fee to your credit card or bank account a prescribed amount (depending on the type of Experience you have signed up for). All prices are quoted in Canadian dollars. Wavy or a third party processor will charge this fee to the credit card or bank account provided at the time of registration. By submitting your credit card or bank account information to us, you hereby agree that you authorize us to charge your card or your bank account, as applicable, at our convenience but in any event within thirty (30) days of initial credit card or bank account authorization.
Should your credit card or online check fail to authorize, you will be notified via email to the email address provided to us by you and you will be responsible for any fees and charges associated with such payment failure. The Services we provide may be suspended until payment is received. If payment is not received within thirty (30) days, your user account(s) and associated Experience(s) may be cancelled. You agree that Wavy will not be liable to you or any third party for termination of your access to the Services.
Refund & Cancellation Policy
Enrolling on Behalf of Others
By enrolling in an Experience on behalf of other participants, you are deemed to be the designated contact person for every participant included on that Experience. This means that you are responsible for making all payments due in connection with your Experience, notifying Wavy if any changes or cancellations are required and keeping your participants informed.
By enrolling on behalf of another person or persons, you also represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and that Wavy will under no circumstances be liable for any errors or omissions in the information provided to complete enrollment in an Experience or any other Services.
You must take all reasonable precautions to protect any gift cards you receive against loss, theft, or unauthorized use. If your gift card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with your card or may attempt to use your card without your permission, you must notify us as well as the third party gift card provider IMMEDIATELY by phone or email. All transactions carried out on your card before you notify us and the third party gift card provider will be considered to have been authorized by you.
Certain features of Wavy‘s Services may require your mobile or other hardware device to have access to the internet and may be subject to restrictions or additional charges imposed by your network or internet provider. In addition, your use of some features of Wavy‘s Services may be affected by the suitability and performance of your device hardware or data access.
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that Wavy‘s Services, or any links from Wavy‘s Services, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of Wavy‘s Services.
We do not guarantee the confidentiality of any communications made by you through Wavy‘s Services. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of Wavy‘s Services.
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WAVY‘S SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WAVY‘S SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE WAVY‘S SERVICES IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES FOR CONSUMERS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
EXCEPT WHERE PROHIBITED BY LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), you will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: