TERMS OF SERVICE
1. Acceptance of Terms
1.1 Complete Performance Commerce PTE LTD (the “Company”) provides its Hardware and Service (each as defined below) to you through its mobile applications, its website located at Complete Performance Commerce PTE LTD 333 Ube Avenue 3, #08-03 Vertex Singapore (the “Site”) and via other channels, subject to this Terms of Service Agreement (“TOS”). This TOS also incorporates by reference the Terms and Conditions in our Site (https://www.getnovawave.com/en/index.html) and the Privacy Policy (https://www.getnovawave.com/en/policy.html). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2 We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time and as stated in our Terms and Conditions. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services or Hardware after the date any such changes become effective constitutes your acceptance of the new TOS.
2. Description of Service
The “Service” includes (a) the Site, (b) the Company’s information and related services, and (c) all mobile applications and other software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). The “Hardware” means the Company’s device that may be used in connection with the Service. NOTE THAT THE MOBILE DEVICE MUST ALSO HAVE ADEQUATE NETWORK AND DATA SERVICE IN THE LOCATION WHERE NEEDED. You shall use the Service only with the Hardware and not with any other device.
3. General Conditions / Access and Use of the Service and Hardware
3.1 You may access and use the Service and Hardware only for lawful purposes. You shall not use our Services or Hardware in connection with (i) cars with modified engine or electronic control systems, or (ii) cars of any make, model or year that we do not support, as set forth on our website. All rights, title and interest in and to the Service, the Hardware and their components will remain with and belong exclusively to the Company. You shall not: (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service or the Hardware in any unlawful manner (c) modify, adapt or hack the Service or the Hardware to, or otherwise attempt to, gain unauthorized access to the Service, the Hardware or their related systems or networks, or (d) use the Service or Hardware to obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service or Hardware.
3.2 Any software that may be made available by the Company in connection with the Service, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. The Company hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service provided that you shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service. The NovaWave Antenna name and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this TOS or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Services, without our prior written permission in each instance. Downloading or using the Software is at your sole risk.
3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Service or the Hardware (“Your Content”). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. The Company reserves the right to access your account in order to respond to your requests for technical support. For more information about our use of the data collected by the Hardware and Services, please see our Privacy Policy.
3.4 The Company uses reasonable security measures to protect the data we receive via the Services and Hardware. However, we cannot guarantee that third parties will never defeat our security measures. You acknowledge that you are using the Services and Hardware and sharing information at your own risk.
3.5 The Service includes certain services that are available via a mobile device, including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you regarding the Company and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us.
3.6 Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
3.7 The failure of the Company to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
4. Apple-Enabled Software Applications
The Company offers Software applications that are intended to be operated in connection with products made commercially available by Apple, Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:
4.1 TOS is concluded between the Company and you only, and not with Apple, and the Company is solely responsible for the Apple-Enabled Software and the content thereof.
4.2 You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
4.3 Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
4.4 Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
4.5 Apple is not responsible for any product warranties, whether expressed or implied by law.
4.6 The Company is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software.
4.7 In the event of any third party claim that the Apple-Enabled Software infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
4.8 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
4.9 If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to the Company as follows:
4.10 Apple, and Apple’s subsidiaries, are third-party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right to enforce this TOS against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
5. Payment
5.1 Our iOS or Android Applications (“Apps”) may be available exclusively via subscription through the Apple App Store for use with Apple products, or the Google Play Store for Android products. Availment of these Apps may be done by paying a subscription fee via the App Store or the Play Store in advance, which will automatically be renewed on a monthly basis.
5.2 Your subscription plan will automatically renew at the end of the applicable subscription period, unless you cancel your subscription plan before the end of the then-current subscription period. Your App with a cancelled subscription will still be usable until the next billing date.
6. Representations and Warranties
You represent and warrant to the Company that: (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your data collection using the Hardware, posting and other activities in connection with the Service and Hardware without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and the Company’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
7. Termination
You have the right to terminate your subscription at any time in accordance with the procedures set forth on the Site and subject to Sec. 5. The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service or Hardware and (ii) refuse, suspend, or terminate any and all current and future use of the Service, and remove and discard any of Your Content in the Service, for any reason, including if the Company believes that you have violated this TOS. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service or Hardware. All of Your Content on the Service (if any) may be permanently deleted by the Company upon any termination of your subscription in its sole discretion. However, all accrued rights to payment and the terms of Sections 5-14 shall survive termination of this TOS.
8. Disclaimer of Warranties
THE SERVICE, INCLUDING THE SITE, CONTENT AND ANY DATA OR OTHER INFORMATION PROVIDED BY THE HARDWARE, SOFTWARE OR SERVICE, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, CORRECTNESS OR RELIABILITY. THE COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE OR HARDWARE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OR HARDWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, (III) THE RESULTS (SUCH AS VEHICLE ERROR CODE ANALYSIS) THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR HARDWARE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. ANY INFORMATION, ADVICE OR SERVICES PROVIDED BY THE HARDWARE, SOFTWARE OR SERVICE ARE MERELY FOR INFORMATIONAL PURPOSES AND ARE NOT INTENDED TO REPLACE PROFESSIONAL VEHICLE DIAGNOSIS OR REPAIR. YOU MUST ALWAYS SEEK THE ADVICE OF AN AUTOMOTIVE PROFESSIONAL REGARDING ANY QUESTIONS YOU MAY HAVE ON THE CONDITION OR SAFETY OF YOUR VEHICLE. THE COMPANY IS NOT LIABLE FOR THE ACTIONS OR INACTIONS OF THE USER, OR OF ANY EMERGENCY RESPONDERS OR OTHER SERVICE PROVIDERS WE MAY CONTACT ON YOUR BEHALF, OR FOR THE SERVICE’S INABILITY TO CONTACT ANY EMERGENCY RESPONDER OR OTHER SERVICE PROVIDER IN ANY PARTICULAR SITUATION. FURTHER, THE SERVICE DOES NOT GUARANTEE THAT USE OF THE HARDWARE, SOFTWARE OR SERVICES WILL RESULT IN ANY GAS SAVINGS OR EFFICIENCIES OR THAT VEHICLE ERROR DETECTION WILL BE ACCURATE OR ERROR-FREE. THE SERVICE IS NOT INTENDED AND SHOULD NOT BE USED AS A STOLEN VEHICLE LOCATION SERVICE. YOU ARE SOLELY RESPONSIBLE FOR SAFE VEHICLE OPERATION AND PROPER VEHICLE MAINTENANCE AND YOU SHOULD ALWAYS OBTAIN PROFESSIONAL ASSISTANCE FROM A VEHICLE SPECIALIST FOR DIAGNOSIS AND REPAIR OF ANY ERRORS OR OTHER PROBLEMS WITH YOUR VEHICLE.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, (B) ANY INJURIES TO PERSONS OR DAMAGE TO PROPERTY RELATED TO YOUR USE OF THE SERVICE OR HARDWARE, INCLUDING BUT NOT LIMITED TO INJURIES TO PERSONS OR PROPERTY RELATED TO USE OF EMERGENCY NOTIFICATION SERVICES OR ANY DAMAGES RELATING TO THE INSTALLATION, REPAIR, OR MAINTENANCE OF THE HARDWARE, OR (C) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO SERVICE FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.
9.1 SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Indemnification
You shall defend, indemnify, and hold harmless the Company from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service or Hardware.
11. Assignment
You may not assign this TOS without the prior written consent of the Company, but the Company may assign or transfer this TOS, in whole or in part, without restriction.
12. Governing Law
This TOS shall be governed by the laws of Hong Kong without regard to the principles of conflicts of law. Unless otherwise elected by the Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of Hong Kong for the purpose of resolving any dispute relating to your access to or use of the Service or Hardware.
13. Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@getnovawave.com. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if the Company has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
13.1 Arbitration Agreement: The Company and you agree to arbitrate all disputes and claims between us.
References to “Complete Performance Commerce PTE LTD”, the “Company”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. This arbitration provision shall survive termination of this TOS.
The arbitrator is bound by the terms of this TOS. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place in Hong Kong.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
14. Privacy
Please read the Privacy Policy at the following URL https://www.getnovawave.com/en/policy.html to understand how the Company collects and uses personal information. By using the Service or the Hardware, you consent to our collection and use of personal data as outlined therein.
15. Questions? Concerns? Suggestions?
Please contact us at support@getnovawave.com to report any violations of this TOS or to pose any questions regarding this TOS, the Service, or the Hardware