Introduction
Welcome to Wavu. By accessing www.Wavu.io and its related websites, services, applications (on iOS, Android) or tools (collectively referred to as “Wavu”) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Wavu works for everyone. These Terms of Use constitute a legally binding agreement between you and Wavu and are effective as of 1st January 2024 for current users, and upon acceptance for new users. You accept these Terms of Use by creating a Wavu account and by otherwise accessing or using the Wavu websites, services, applications and tools; or as otherwise indicated on a specific site, service, application or tool.
Using Wavu
As a condition of your use of Wavu you agree that you will not:
violate any laws;
violate the Acceptable Use Policy;
post any threatening, abusive, defamatory, obscene or indecent material;
post or otherwise communicate any false or misleading material or message of any kind;
use Wavu if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
infringe any third-party right;
distribute spam, chain letters, or promote pyramid schemes;
distribute viruses or any other technologies that may harm Wavu or the interests or property of Wavu users;
impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Wavu;
copy, modify, or distribute any other person’s content without their consent;
harvest or otherwise collect information about users or others, including email addresses, without their consent;
use any robot spider, scraper or other automated means to access Wavu and collect content for any purpose without our express written permission;
copy, modify or distribute rights or content from the Wavu site, services, applications or tools or Wavu’s copyrights and trademarks;
bypass measures used to prevent or restrict access to Wavu;
unfairly or unlawfully interfere or manipulate any ratings system or user feedback system;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
You are solely responsible for all information that you submit to Wavu and any consequences that may result from your post or usage of Wavu. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate, breaching the above terms, or we believe is against the ethos of Wavu. We also reserve the right at our discretion to restrict a user’s usage of Wavu either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Wavu websites, services, applications or tools, we may, at our discretion, inform other Wavu users that have been in contact with you and recommend that they exercise caution. You agree to not disclose your password to any third party and you are responsible for safeguarding your password. You will be fully responsible for activities that relate to your account or your password. You must notify us immediately if you become aware of any breach of security or unauthorised use of your account.
The Wavu mobile app is compatible with Android and iOS devices, although perfect performance cannot be guaranteed on every device as versions differ. Please note that additional terms and conditions by the Google Play Store and the Apple App Store may apply.
Users are able to view listings and submit offers. The seller can accept an offer or in turn submit a counter offer. If the seller and a buyer agree on a certain price, a binding sales contract concerning the item in the listing is concluded. The buyer is obliged to pay the purchase price and for in person transactions pick up the item from the seller. The seller is obliged to sell the item shown and described in the listing.
Wavu points out that the sales contracts in regards to listings constitute contracts between the users themselves. Wavu does not offer any listings themselves, does not submit any bids, does not receive any bids and does not accept any offers in regards to listings. Wavu is not a party partaking in the sales contracts concluded, which are closed exclusively between the users. Furthermore, the fulfilment of these sales contracts concluded via Wavu is exclusively carried out among users. Wavu is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.
Abusing Wavu
Wavu and the Wavu community work together to keep the Wavu websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system at https://www.wavu.io/contact
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Wavu if we think that they are creating problems, infringing the rights of third parties, acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions, intimidating or harassing Wavu employees or another person, or promoting discrimination or violence based on age, disability, nationality, race, religion, sex or sexual orientation), or use a username that is offensive, inappropriate or vulgar. However, whether we decide to take any of these steps, remove hosted content or keep a user off Wavu or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Wavu or use of Wavu by users.
Failure to comply with these Terms of Use (including the Acceptable Use Policy), constitutes a serious breach, and may result in, our taking legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Global Marketplace
Some of Wavu’s features may display your listing or shop on other sites, services, applications and tools that are part of the global Wavu community, or on third party platforms, including social media channels. By using Wavu, you agree that your listings, shop or links page can be displayed on these other sites, services, applications and tools. The terms for our other sites, services, applications and tools are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your listing is posted. When you choose to post your listing on another site, service, application or tool, you may be responsible for ensuring that it does not violate such other site, service, application and tool policies. We may remove your listing or links page if it is reported on any our sites, services, applications or tools, or if we believe it causes problems or violates any law or policy.
Fees and Services
Using Wavu is generally free, but we may sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms. Our fees may change from time to time. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. We reserve the right to offer varying services across your use of Wavu. You agree that with your purchase of a service, that Wavu immediately delivers the purchased service entirely. Wavu reserves the right to amend, suspend and/or terminate all or any part of any service, its terms and conditions, the types of content or services offered, the subscription period and rates for such service. Wavu does not represent or warrant that features and services will remain available.
You are responsible for paying the Wavu fees when they’re due. A valid payment method is required to process the payment and where required you will provide us with accurate and complete billing information including full name, address, state, zip code and valid payment method information. You automatically authorize us to charge all fees incurred through your account to by submitting such payment information. For tax purposes we may collect geographic information, and all geographic information that you provide to us must be accurate. If you don’t pay Wavu fees when they’re due, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your subscriptions (for example Start Chats, Wavu Premium, Wavu Patron, Wavu Plus) will continue and be renewed automatically on a weekly/monthly/yearly basis after the first week/month/year until you expressly instruct Apple App Store, Google Play Store or Stripe that you wish to terminate your relevant subscription. Unless otherwise stated by Wavu, any renewal of your subscription will be on the then prevailing subscription terms thereof. Unused entitlements and benefits from your subscriptions do not carry over to the following billing cycle and will automatically expire after one (1) billing cycle. When your applicable current subscription period ends, you will forfeit all rights to any related entitlements, features, functionality or benefits.
You acknowledge that your listings and shop may be deleted from the Wavu sites, services, applications or tools in case we believe these Terms of Use, including our Acceptable Use Policy, are breached, either directly or indirectly. Each boost is an instant effect and all fees and/or charges paid by you to us for any boost are non-refundable. Wavu does not represent or warrant that any service, boost or subscription will lead to a like, offer, chat and by extension, sale. In case you have paid a fee, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Wavu users for any fees paid through use of our sites, services, applications and tools in the following cases:
If you breach, in our opinion, these Terms of Use, which include, without limitation, the Acceptable Use Policy;
If your listings went live with exposure on the Wavu sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
If your listings are placed into “edit” mode and will go live to site once updated by you;
If you have removed your listings yourself;
If you post duplicate listings as defined in our rules regarding duplicate listings;
If we believe that your listings are in a significantly wrong category;
If you cancel your subscription after the end of your free trial (or sufficient time before the end of your free trial to allow Apple App Store or Google Play Store to process your cancellation);
Please note that the above list is not exhaustive.
Content
Wavu contains content from us, you, and other users. Wavu is protected by copyright laws and international treaties. Content displayed on or via Wavu is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Wavu without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Wavu. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Wavu (other than your own content). Any graphics, icons, images, video or other content provided by Wavu to you, must only be used by you on Wavu and not anywhere else, and you must comply with any reasonable written guidelines or terms (including those of a third party) in relation to the content that we provide to you.
When you give us content or feedback (including, but not limited to, any ideas for new products, services, features, improvements, promotions, computer code or any other materials), you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content or feedback, in any media whether now know or to be discovered in the future including, without limitation, on any third party platforms and media channels. In particular, by giving us content, you grant us the right to display such content or feedback on platforms that are part of the global Wavu community, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other platforms. In addition, you waive all moral rights you have in the content or feedback to the fullest extent permitted by law. You acknowledge and agree that all content you provide on Wavu will be publicly available information, and you bear the risks involved with such public disclosures.
You agree not to post content that could reasonably considered to be abusive, blasphemous, defamatory, discriminatory, disparaging, inappropriate, indecent, liable to incite racial hatred, obscene, offensive, seditious, sexually explicit material (including language and pictures), threatening, in breach of confidence or in breach of privacy. In cases where content which in one country would not infringe the previous requirements could do so in another country, Wavu reserves the right to take whatever action we think is necessary, including removing the content or temporarily or indefinitely suspending you from using our Services. You agree that your content does not and is unlikely to bring Wavu or our Services into disrepute. You agree to keep all records necessary to establish that your content does not violate any of these requirements and make such records available upon our reasonable request.
Infringement
Do not post content or use a username that infringes the rights of third parties. This includes, but is not limited to, content or usernames that infringe on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale), or for a username using the name of another person (such the name of a well-known person or someone you have no connection with). ‘Domain squatting’ or ‘domain parking’ or similar actions are not permitted, and where Wavu reasonably believes usernames have been created for these purposes, Wavu may reclaim and reallocate these usernames, without impacting any other rights of Wavu. A large number of products of all sorts are offered on Wavu by private individuals in the UK and around the world. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Wavu.
Reporting an infringement – to report listings or usernames which may infringe on your property rights, send us an Infringement Notice at https://www.wavu.io/contact. The Infringement Notice should evidence that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Wavu to identify the listing or username in question. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take. Note that following this process, you may be required to change your username and your username may be reassigned to someone else. If you refuse to comply with this process, Wavu may suspend or cancel your account. Note, this Infringement Notice can only be used by the lawful owners of the relevant intellectual property rights – it is intended to enable rights owners to ensure that products offered and usernames used by Wavu users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, you can get help by contacting Wavu at https://www.wavu.io/contact
Liability
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review all users’ postings and are not involved in the actual transactions between users. As most of the content on Wavu comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. Moreover, we are not liable for the content, accuracy, legality and functionality of third party internet pages or services, which are referenced from or to Wavu. Wavu does not offer refunds for any payments you may have made to a third party. You will inform yourself about the tax and / or fee obligations which may occur in your country of origin. You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of items through Wavu. In case that national taxes and / or fees for the use of Wavu are due, these must be paid by yourself. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with these obligations.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools. We make no representations or warranties as to the accuracy or completeness of any data, data visualisations or data analytics we may provide to you, but we will use reasonable efforts to make it as accurate and complete as we can. Wavu is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of Wavu. Wavu is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Wavu or related service, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability (net of any taxes and costs associated with your fees), and (b) 100 Pounds Sterling.
Release
If you have a dispute with one or more Wavu users, you release us (and our officers, directors, agents, parent company, related entities, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Data Protection and Privacy
By using Wavu, you agree to the collection, transfer, storage and use of your personal information by Wavu on servers located in the United States and elsewhere in the world, as further described in our Privacy Policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications
You and Wavu shall process personal data received under and/or in connection with this agreement each as a separate and independent controller. In no event will Wavu and you process personal data under and/or in connection with this agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organization. You shall process personal data received from Wavu exclusively for the purpose(s) you received the personal data under and/or in connection with this agreement. You shall erase the personal data received under this agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
Resolution of disputes
If a dispute arises between you and Wavu, we strongly encourage you to first contact us directly to seek a resolution at https://www.wavu.io/contact. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
General
These terms and the other policies posted on Wavu constitute the entire agreement between Wavu and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We are constantly updating and improving Wavu – in order to do this, we may need to update, reset, stop offering and/or supporting a particular part of Wavu, or feature relating to Wavu. You agree that there will be changes Wavu that will take place over time and this is an important basis on which we grant you access to Wavu. Once we have made changes to Wavu, your continued use of Wavu will show that you have accepted any changes to Wavu. You are always free to stop using Wavu or deactivate your account.
We may update this agreement at any time, with updates taking effect when you next post, when you next use Wavu, or 30 days after we post the updated policy on the Wavu website, whichever is sooner.
For any help with using Wavu please contact us at https://www.wavu.io/contact
Mobile Devices Terms
If you’re accessing Wavu Services from a mobile device using a Wavu Mobile Application (the “Application”), the following terms and conditions apply to you in addition to any other applicable Privacy, Legal Notice or End User License Agreement, as the case may be. Your use of the Application also confirms your agreement to these terms & conditions:
Application Use. Wavu grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Wavu.co website, and vice versa. You download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.
Intellectual Property – Applications. Wavu owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Wavu’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Wavu Application.
Prohibited Countries Policy and Foreign Trade Regulation – Applications. Wavu Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using a Wavu Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).
Additional Terms. Additional terms and conditions may apply to you based on the mobile device the Application is installed on.
Last Updated: 1st January 2024