Terms & Conditions

 

 

TERMS AND CONDITIONS OF SALE & USE

(“Terms of Use”)

Welcome to Happy Waves!

The website happywaves.com (the Website) is owned and operated by Happy Waves Limited, a company incorporated under the laws of Hong Kong (CR No.2335072, Business Registration No.65739880-000) of Room 1109 CC Wu Building 302 - 8 Hennessy Rd, Hong Kong (Happy Waves).   

In these Terms of Use, a reference to ‘we’, ‘us’ and ‘our’ refer to Happy Waves and a reference to ‘you’ or ‘your’ is a reference to any person accessing, viewing or using our Services. 

Agreement to Terms of Use 

  1. 1.    We offer and provide meditation, relaxation and self-improvement services which are accessible via the Website and our mobile device application, Happy Waves (the App).  The Website, the App, the services we provide and the products we offer for sale are collectively referred to in these Terms of Use as the Services or our Services.
  2. 2.    Your purchase and your use of our Services are governed by the terms and conditions in these Terms of Use. By using the Website, or downloading or installing or using the App, or by purchasing, displaying, or using our Services, you agree to be bound by these Terms of Use.  

Changes to Terms of Use or Services

  1. 3.    Because our Services are evolving over time we may change or discontinue all or any part of the Services at any time and without notice, at our sole discretion.  We may also amend these Terms of Use at any time.  
  2. 4.    If you use our Services after we have amended these Terms of Use, this means you agree to be bound by those amended terms and conditions.  

Register as a Member

  1. 5.    To use our Services you need to register as a member (Member) by creating an account (Account) and by providing the information required (Member Information).   This Member Information may include information from your Facebook and other social networking profiles. 
  2. 6.    You must ensure your Member Information and Account contains accurate, current and up-to-date information at all times.  You are also responsible for maintaining the confidentiality and security of your Account, Member Information and password for restricting access to your computer and mobile or other devices to further help protect such information.  
  3. 7.    You are responsible for all use and activity under your Account, regardless of whether you know about it. 
  4. 8.    Please refer to our Privacy Policy which may be accessed on our home page for information on how we collect, store, use and disclose information from our users.  You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
  5. 9.    By becoming a Member you agree to receiving special offers, marketing, survey and product-based emails.  However, we will not use your personal data for direct marketing (i.e. offering or advertising goods, services or facilities by sending to you information or goods, where that marketing is specifically addressed to you by name and is not directly related to our Services) and will not provide your personal data to a third party for use in direct marketing without your consent. You may unsubscribe from Happy Waves commercial emails at any time.  

Our Website and App Services

  1. 10.    By purchasing or using our Services, you acknowledge you are over 18 years of age.  If you are under 18 years of age, you will need permission from your parent or legal guardian to create a sub-account. 
  2. 11.    You can access the Website and the App at all times unless access is restricted due to necessary maintenance, updates or upgrades or other factors beyond our control, but subject to our right to cease operating the Website and/or the App and to suspend or terminate your access to and use of the Services as provided in these Terms of Use. 
  3. 12.    The App is available for mobile devices running Android OS and Apple iOS.  If the requirements for Android OS or Apple iOS (or for any additional system we decide to extend the availability of the App to) change, you will need to download or perform updates if you wish to continue your use of the App.  

Subscriptions

  1. 13.    You can purchase subscriptions to our Services (Subscriptions) on a monthly, yearly or lifetime basis.  Description of the features associated with each Subscription is available on the Website and the App.   
  2. 14.    All prices are payable and charged: 
  1. (a)    for one-off purchases (e.g. lifetime Subscription), at the time you place your order for the Services; or  
  2. (b)    for weekly, monthly or yearly subscriptions, at the beginning of the Subscription period.
  1. 15.    If you choose to purchase a Subscription you agree:
  1. (a)    to pay all applicable fees and taxes;
  2. (b)    we may charge your credit card for verification, pre-authorisation and payment purposes if you purchase via the Website, or if you purchase via the App, we may charge your account with the app store or distribution platform (such as the Apple App Store or Google Play) where the App is made available (each, an App Provider); 
  3. (c)    to be responsible for any additional charges your App Provider, bank or other financial service provider may charge you; and
  4. (d)    to promptly notify us of any changes to your payment details. 
  1. 16.    Orders are final only after we have received payment and confirmed we have accepted your order. 
  2. 17.    Our Subscriptions prices are current at the time of display but are subject to change. Prices are in Australian Dollars.  
  3. 18.    Any change in prices for Subscriptions will apply upon any renewal of a Subscription.  
  4. 19.    All payments made are non-refundable.  Membership and Subscriptions are non-transferable and cannot be sold or exchanged or transferred in any way whatsoever.

Automatic Renewal of Subscriptions and How to Cancel

  1. 20.    Each Subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it.  This means you must cancel your weekly, monthly or yearly Subscription before it renews to avoid paying fees for the next Subscription period. 
  2. 21.    If you purchase your Subscription via the Website, you can cancel the renewal of your subscription at any time by emailing us at help@happywaves.com.au.  If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription with the App Provider. If you purchase a subscription through the Apple iTunes Store or our iPhone App, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner.
  3. 22.    You will not receive a refund for the fees you already paid for your current Subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.  
  4. 23.    If your payment method is via credit card, we or our third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your Subscription from being interrupted by an outdated or invalid card. This updated credit card information is provided to us or our third party payment service provider at the sole election of your credit card issuer.  Your credit card issuer may give you the right to opt-out of the update service.  Should you desire to do so, please contact your credit card issuer.

Cancellation by Us

  1. 24.    We may cease operating the Website and/or the App at any time, without notice, and terminate the agreement under these Terms of Use (“this Agreement”) and without any liability to reimburse you any unused portion of paid Subscription fees.
  2. 25.    We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.  In addition, if you breach any of these Terms of Use, we may suspend or terminate your use of the Services, without notice to you.
  3. 26.    Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms of Use which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
  4. 27.    Upon termination of this Agreement, you must immediately arrange for the App to be deleted or removed from your computer, mobile and other devices and immediately destroy all copies of the App in your possession or control and, if we request, certify that you have destroyed copies of the App.

Promotional Codes

  1. 28.    Any promotion code or offer we provide may not be used in conjunction with any other promotion code or offer, past or present.  Introductory offers are only available to new users of our Services, unless stated otherwise, and any pricing promotions or discounts do not apply to renewed Subscriptions.  Previous users or trial users of our Services do not qualify as new users.  In case of dispute whether any promotion code or discount should apply, we shall have the final decision.

 

Limitations on Use of Website and App

  1. 29.    By accessing and using the Website, the App or our Services you warrant and agree you will:

(a)     use the Services strictly in accordance with these Terms of Use;

(b)    not use or resell any content, information or images on the Website or the App for any commercial purpose without our prior written consent;

(c)    not copy, transmit, distribute, reproduce, licence, alter, decipher, decompile, disassemble, reverse engineer, adapt or modify the whole or any part of the software used to provide the Services;

(d)    not copy, download, transmit, distribute, reproduce, license, sell, publish, alter, adopt or modify any of our audio or video content and/or any other contents and/or materials on the Website and/or the App;

(e)     not hide, deface, alter or delete any copyright notice, trade mark or other proprietary rights notice;

(f)     not use the Website or the App for any activity which is obscene, fraudulent, indecent, offensive or defamatory;

(g)     not interfere with, or attempt to interfere with, the access of any user, host or network including, without limitation, hacking into, changing or otherwise knowingly transmitting a virus or otherwise damaging the Website or the App or any contents or information contained within it;

(h)     not tamper with, hinder the operation of or make unauthorised modifications to the Website or the App;

(i)    not send or distribute any unsolicited or unauthorised advertising, promotional materials, email, junk mail or spam; 

(j)     not use the Website or the App with an incompatible or unauthorised device;

(k)     refrain from uploading onto the Website or the App any material, or use the Website or the App in any way which infringes the intellectual property rights of any person; or is unlawful or violates any law; and

(l)    not claim any intellectual property or proprietary right in the Services.

Technical information and Security

  1. 30.    Transmitting data over the internet and/or cellular networks is not always secure. While we try to ensure the Website and the App are secure, you accept that you access the Website and App at your own risk and that we are not responsible for any loss, interference, disruption or damage to your computer or mobile or other devices or otherwise which arises in connection with your use of the Website or App.
  2. 31.    You acknowledge it is your responsibility to:

(a)     implement security procedures and virus checks to satisfy your particular requirements for the accuracy of data input and output; and

(b)     ensure that whatever you select for your use in the Website and the App is free of viruses or anything else that may interfere with or cause damage to computers or mobile or other devices.

  1. 32.    We do not warrant that functions available on Website or in the App will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

Hyperlinks

  1. 33.    The Website and the App may contain hyperlinks to other websites and mobile applications owned and operated by third parties. Such links are provided for convenience only and we take no responsibility for the operation, security levels, content or any other aspect of any third party websites and mobile applications.  Third party websites and mobile applications will have their own terms and conditions which will apply to your use and acquisition of their products or services.
  2. 34.    Any hyperlink on the Website or the App to another website or mobile application does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. We are not liable for and make no representations regarding:
  1. (a)    the content or accuracy of any information contained in linked or third party websites and mobile applications; and
  2. (b)    any loss or damage suffered as a result of access to, or use of, these third party websites and mobile applications, or the reliance on the information contained within.
  1. 35.    You may not link the Website or the App without our consent and if we agree to you linking, you must not change any of the Website's or the App’s contents or formatting.

Email Notifications and Push Notifications

  1. 36.    When you create an Account you agree to us sending you communications via email (Email Notifications). You may choose to stop receiving Email Notifications at any time by clicking the 'unsubscribe' link at the bottom of our Email Notifications.
  2. 37.    If you do not opt-out from Email Notifications the Website will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.
  3. 38.    When you download and install the App on your mobile device, a pop-up may appear asking whether they would like to receive alerts, badges, banners and sounds (Push Notifications) from the App to your mobile device.  If you select 'yes' to receive Push Notifications, the App will generate Push Notifications on those mobile devices by which you Users acknowledge and consent to receiving those Push Notifications.  You can stop receiving Push Notifications at any time through the App’s settings menu. 

Corporate and Other Consumer Communities

  1. 39.    From time to time large consumer communities such as corporations, universities, hospitals, etc (Communities) approach us to introduce the Website and App to their employees and members.  In some cases, these Communities may supplement these Terms of Use with their own terms and conditions. In such event, if you use the Website and the App after we inform you of these Community terms and conditions or after we post these Community terms and condition on the Website or the App, then these Community terms and condition shall also apply to your use of the Website and the App but in the event of any conflict, these Terms of Use shall prevail.

Intellectual Property Rights

  1. 40.    All intellectual property rights including trade marks, brands, logos, copyright and confidential information in the contents and/or materials on the Website and the App and in and to the Services, including but not limited to applets, graphics, images, layouts and text, and the underlying software code, are owned by us or we have a licence to use that intellectual property.
  2. 41.    You acknowledge you have no rights in or to the Website or the App or technology used to support the Website or the App, other than the right to use the Website and App in accordance with these Terms of Use.
  3. 42.    Your access to our Website and App does not grant you any right to:

(a) copy, republish, modify, distribute, adapt, reproduce, store, distribute, transmit, print, display or perform any contents, materials, information or create derivative works from any part of the Website or the App; or

(b) commercialise any information, products or services obtained from any part of Website or the App,

without our prior written consent.

  1. 43.    We welcome any comments, feedback, ideas or suggestions (Comments) to help us improve our Services.  We reserve the right to use your Comments in promoting our website or in any other way, and you agree we will not be liable for using your Comments or any elements similar to or derived from your Comments.  For the avoidance of doubt, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without any right by you or any other person to compensation.

Disclaimers

  1. 44.    We take all due care in providing the information on our Website and the App, but that information may contain errors and omissions and is subject to change.  We do not provide any warranty or make any representation of any kind, whether express or implied including without limitation warranties of title, non-infringement, security, accuracy or implied warranties of merchantability or fitness for a particular purpose. 
  2. 45.    To the maximum extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.  
  3. 46.    We also take all due care in ensuring that the Website and the App is free of any virus, worm, Trojan horse and/or malware, however we are not liable for any loss or damage (including direct or indirect loss or special or consequential loss) to your computer, mobile or other devices, or to your computer system or the security or operation system of your computer, mobile or other devices arising out of or in connection with your use of the Website or the App or any linked website or linked mobile applications.
  4. 47.    From time to time we may host third party content on the Website or the App such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material. 
  5. 48.    Where liability cannot be excluded under applicable laws, any warranty by us in relation to the use of the Website or the App or its contents is limited only to the extent which cannot be excluded under the relevant applicable laws.
  6. 49.    We make no warranties or guarantees that the use of the Website or App will achieve your desired state of clarity, calm and contentment or improve your mental state or any of your desired purposes. The information, courses and programs provided on the Website or in the App and the Services are intended for the benefit of the general public and are not intended to replace or substitute advice from a qualified health care professional.

Limitation of Liability

  1. 50.    To the full extent permitted by law, we and our officers, employees, agents, contractors, service providers, successors or assigns are not liable for any damage or loss whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages,) and whether or not based on warranty, contract, tort (including negligence), product liability or any other legal theory, that you may suffer arising out of, or in any way related to:

(a)    the use of, or reliance on, any of the contents, information or material on the Website or in the App;

(b)    the use of other third party linked websites or third party linked mobile applications;

(c)    the unauthorised access of your Account;

(d)    the suspension, termination or interruption of the Website or the App in whole or in part for whatever reason; or

(e)     the loss of profits, loss of opportunity, business interruption, computer damage or loss or corruption of data or information from the use of the Website or the App.

  1. 51.    Where liability cannot be excluded under applicable laws, any liability incurred by us in relation to the use of the App or the Website is limited only to the extent which cannot be excluded under the relevant applicable laws.
  2. 52.    You indemnify and agree to keep us indemnified against all claims, actions, damages, costs, loss or expenses (including legal fees) arising from or in connection with your use of, or your conduct on, the Website, the App or any breach of these Terms of Use.
  3. 53.    We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.

Force Majeure

  1. 54.    If a Force Majeure event causing delay continues for more than 7 days, we may terminate this Agreement by giving at least 7 days’ Notice to you by mail at the address listed in item 1 of the Schedule or the address of your registered office.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. 

Jurisdiction

  1. 55.    These Terms of Use and this Agreement are governed by and construed in accordance with the laws of the Hong Kong SAR (Hong Kong) and you agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong in connection with any claim made by either party against the other arising in any way out of or in connection with these Terms of Use.
  2. 56.    If any provision in these Terms of Use is invalid under any applicable laws the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these Terms of Use and the remaining provisions will remain in full force and effect.

Privacy

  1. 57.    We undertake to take all due care with any information which you may provide to us when accessing the Website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  2. 58.    Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. 

Rights of Third Party

  1. 59.    Save as specifically provided in these Terms of Use, a person who is not a party to this Agreement shall not have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong to enforce any provision of these Terms of Use.
  2. 60.    Our successors and assigns may each in its own right enforce any provision of these Terms of Use.  Our servants, agents, employees, workmen and contractors may, by virtue of the Contracts (Rights of Third Parties) Ordinance of Hong Kong, enforce any provision of these Terms of Use for their benefit.

Making a Complaint

  1. 61.    Please email us at help@happywaves.com.au if you have any concerns or complaints regarding our handling of your personal information.