Terms & Conditions
Shopwave Limited is a company incorporated in England and Wales with company number 08675002 and having its registered office at THE CLOVE BUILDING, 4 MAGUIRE STREET, LONDON, ENGLAND, SE1 2NQ.
Set out below are the terms and conditions (the “Terms”) you are agreeing to when you use (however you access it including App or Website from a desktop or mobile device) the Shopwave Service.
You should read, and ensure that you understand, all of the Terms prior to using the Shopwave Service. If you do not agree to be bound by these Terms then you should not use the Shopwave Service.
- EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
- For the purposes of this section, "Shopwave" includes its partners and affiliates and all their directors, officers, agents, licensors and employees.
- No warranties: to the maximum extent permitted by law: the Shopwave is provided “as is” and is used at your sole risk with no warranties whatsoever; Shopwave does not make any warranties, claims or representations and expressly disclaims all such warranties of any kind, whether express, implied or statutory, with respect to the Shopwave Service including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose.
- Shopwave further does not represent or warrant that the Shopwave Service will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free, nor does Shopwave warrant any connection to or transmission from the internet.
- Nothing in this these Terms shall exclude or restrict Shopwave’s liability for (a) death or personal injury, (b) loss resulting from Shopwaves's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
- No liability: you acknowledge and agree that Shopwave will have no liability whatsoever, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Shopwave, in connection with or arising from your use of the Shopwave Service. Your only right or remedy with respect to any problems or dissatisfaction with the Shopwave Service is to immediately cease use of the Shopwave eservice.
- Limitation of Liability: Subject to the above paragraph, Shopwave shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Shopwave, for:
- any indirect, special, incidental or consequential damages; or
- any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
- any damage to or corruption of data (whether direct or indirect);
- any claim, damage or loss (whether direct or indirect) arising from or relating to:
- any product or service provided by a third party under their own terms of service, including without limitation, Third Party Services;
- any Third Party Technology;
- any third party website or mobile application.
- Subject to the above, Shopwave’s total liability to you under or in connection with these terms (whether in contract, tort (including negligence) or any other theory of liability)) shall not exceed in aggregate the amount paid by you for the products in the 12 month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of five hundred pounds in all cases.
- `If any third party brings a claim against Shopwave in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold Shopwave harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
- THIRD PARTY SERVICES
- You acknowledge that in order to use the Shopwave Service, You must use third party services, software and hardware (“Third Party Services”). It is Your responsibility to supply certain equipment and subscribe to various Third Party Services. You must have at least an Apple iPad, wireless internet access, a merchant bank account (if you chose to take credit and/or debit card payments) to process and receive card payments through a third-party payment service provider, any necessary accessories, stands or peripherals and the necessary minimum specifications required ("System Requirements").
- In addition to requiring access to a web browser, the Software Requirements are as follows: Apple iPad 2 or later, running iOS 6 or later; Language: English, Italian, German, Spanish, and French.
- The version of the Shopwave APP software may be upgraded from time to time to add support for new functions and services.
- You agree that the Third Party Services require additional contracts, fees, accessories, peripheral devices, configuration, and maintenance with third party service providers.
- You acknowledge and agree that Your use of Third Party Services is subject to the terms of your agreements providers of Your Third Party Services, and that Shopwave shall not be responsible or liable for any issues, problems, service interruptions, incompatibilities or damages of any kind arising from or in connection with Your use of Third Party Services, including, without limitation, ANY issues with YOUR payment service provider.