These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by WaveX Pte. Ltd. (Company Registration No: 201920613E), located at 531A Upper Cross Street, #04-95, Hong Lim Complex, Singapore 051531.

These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term “you” in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

These Terms are between you and WaveX Pte. Ltd. or between you and any different service provider identified for a particular Service. By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.

WaveX reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

Subject to your compliance with these Terms, WaveX grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

WaveX acts as a venue for users to interact with each other, and to buy and sell items or services. WaveX does not pre-screen a user or the Content provided by a user, nor is WaveX directly involved in transactions between users. Consequently, WaveX has no control over, and you agree that WaveX is not responsible or liable for, any of the following:

• The quality, safety, morality or legality of any aspect of the items listed.
• The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items
• The true identity, age, nationality, or sense of humour of a user.
• Any Content posted by users.

You shall use the Services in accordance with these Terms and shall not:

• Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, privacy, copyright, trademark or any other intellectual property right.
• Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
• Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
• Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
• Use the Services in violation of or to circumvent any sanctions or embargo.
• Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of WaveX or its affiliates, partners, suppliers or licensors.
• Use the Services for any purpose for which it is not designed or intended.
• Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by WaveX.
• Use any proprietary information or interfaces of WaveX or any other intellectual property of WaveX in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
• Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
• Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
• Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
• Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
• Collect any information in respect of other users without their consent.
• Commit any act to avoid paying any applicable fees and/or charges.
• Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
• Authorise or encourage anyone to do any of the foregoing.

WaveX reserves the right to terminate or suspend your account, if you are subsequently found or suspected to be engagedin any activity or act that is inbreach of these Terms, our guidelines, anyadditional terms and conditions and policies.

You would need to have an account with WaveX (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:

• If you are an individual, you are at least 18 years of age.
• If you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
• You are capable of entering into and performing legally binding contracts under applicable law.
• All information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You therefore agree to keep your password secure and your account information up to date at all times.

Comply with WaveX’s prevailing policies and guidelines(which form a part of these Terms)and all applicable laws with respect to your activities and the Content which you upload to the Services.

Unless expressly permitted by WaveX and subject to these Terms and any other additional terms as WaveX determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission.

The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information (“Content”).

You retain ownership rights in the Content which you upload or share on the Services but you grant WaveX a worldwide, fully-paid, royalty-free, sub-licensable, and transferrable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to WaveX’s Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.

You acknowledge that WaveX does not pre-screen Content uploaded by users. WaveX shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, WaveX shall have the right to remove Content,without liability or the obligation to offer a refund,in any of the following events:

• If the Content is in breach of these Terms.
• If WaveX has received a complaint or notice of infringement in respect of the Content.
• If the Content is otherwise objectionable.

WaveX may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

In using the Services to create a listing and offer an item for sale,and/or offer a service (as the case may be),you agree to comply with the following:

• All items must comply with these Terms and WaveX's policies
• You must provide a fair, accurate and complete description of each item, including your price for the item.
• Each item,and/or offer of services must have its own listing.
• Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item.All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.
• All items,and/or offer of services must be listed in the appropriate category.
• Any links included in your listing should be for reference only must not include any links to third party websites which divert the transaction out of WaveX

Without prejudice to the rest of these Terms and WaveX’s policies, you warrant, in respect ofeach services and/oritem which you offer for sale on the Services (as the case may be), that:

• You are the owner of the item, and the item is not stolen.
• The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.
• The sale of the item complies with all laws and regulations which apply to that item.
• The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.
• The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.

All offers made and accepted through the Services are binding.

If you are a seller who has accepted a buyer’s offer for an item, you agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner

Please kindly note that failure to provide such information or providing false or misleading information may result in the commission of an offence for which WaveX shall not be liable.

You acknowledge and agree that you may be charged card fees, commission fees and/or any other applicable transaction fees (collectively, the “Transaction Fees”) by WaveX, as follows:

Buyer (Payment Processing Fee): If you are a buyer of a transaction, once your order is accepted, the Transaction Fees applicable to such order (as stipulated during your order process) shall be charged from a credit or debit card or a PayPal account you successfully connect through the Platform.

Seller (Commission Fee): If you are a seller of a successful transaction, the Transaction Fees applicable to such order (as stipulated during your order detail form) shall be deducted from the payment that is due to you from the buyer of the same transaction.

You can read more about the Transaction Fees in the FAQ (under their respective Buying and Selling sections).

In order to provide the Payment Services, you acknowledge that WaveX may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the Platform and that Payment Service Providers provide its payment processing services subject to their respect Additional Terms. In order to use the Payment Services, you agree to comply with such Additional Terms, as the same may be modified by the Payment Service Providers from time to time, and other applicable Additional Terms.

Information required for Payment Services: In order to use the Payment Services, you must provide WaveX and/or its related corporations with accurate and complete information required for the Payment Services including account information for at least one valid debit or credit card or a valid PayPal account through the Platform. WaveX and/or its related corporations uses such information as described in the Privacy Policy, and you acknowledge and agree that we may use certain third-party service providers including Xendit and PayPal to process payments and to manage the account information you have provided to us. WaveX does not keep your debit or credit card details.

By providing the account information for a credit or debit card or PayPal, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

By using a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method.

You agree to authorise WaveX and/or its related corporations to process the Payment Services on your behalf including but not limited to making, accepting and/or refunding any payments, in accordance with this Clause 9.

If you use any of the Payment Services, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents (“Additional Terms”). You agree to comply with such Additional Terms including the terms and conditions set out in the Xendit and PayPal terms and conditions, which may be modified or updated from time to time, and any other terms and conditions that may be referred to or incorporated within such Additional Terms.

You further agree that you are responsible for all purchases and/or sales made under your Account, including transactions which you did not authorise.

If you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to WaveX, WaveX will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release WaveX from any claims, demands and damage arising out of your disputes with users of our Services.

You acknowledge and agree that WaveX may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed Transaction (“Disputed Money”) unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the seller to refund the Disputed Money to WaveX (or its related corporations) or the buyer; and/or (iv) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all WaveX instructions in accordance with this Clause.

In the event of a Disputed Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, WaveX may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at WaveX's reasonable discretion.

Your privacy is very important to us at WaveX and we have provided the WaveX Privacy Policy, which can explain our privacy practices. Please review the Privacy Policy to understand how WaveX collects, uses and discloses information collected and received from you.

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of WaveX. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of WaveX. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by WaveX.

The Services may utilise or include third party software that is subject to open source and third party licence terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorised by WaveX to use WaveX’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of WaveX, which may be withheld for any or no reason.

WaveX respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorised use of your intellectual property rights by a user, please follow the steps providedhereto report the same to us.

WaveX reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

You may deactivate your Account at any time through the “Settings” section of your Account.

WaveX reserves the right to, at its sole discretion, and without liability:

• Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, anyadditional terms and conditions and policies.
• Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.
• Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.

You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

To onboard as a seller, you must provide truthful and accurate information about yourself on the Account registration page and keep that information up-to-date. You may not share your Account with others and are solely responsible for following our seller policies and seller code of conduct. You are responsible for all activity associated with your Account. We may stop your Account or permanently remove any content from any of our Services at our reasonable discretion if we have reasonable grounds for believing you have violated any of these Terms. References to “Stopping” or to “Stop” an Account includes temporarily or permanently disabling, suspending, or banning an Account.

If your Account is disabled or banned, you will not be able to access your Account and any services previously granted, it will be either temporarily or permanently revoked. THIS MEANS YOU WILL LOSE YOUR ENTIRE ACCOUNT, AND ANY STORE DATA OR ANY FUND WITHHOLDING IN IT. We are under no obligation to compensate you for any losses that result from your Account being disabled or banned due to violations of stated terms and conditions, so please be sure that you read our policies and seller code of conduct and DO NOT violate them.

You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

WaveX does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and WaveX’s servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). WaveX is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from WaveX or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that WaveX has no obligation to support or maintain the Services.

WaveX disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. WaveX is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services.

In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. WaveX does not accept any responsibility in connection with your participation in activities conducted by any other party.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

IN NO EVENT SHALL WaveX OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WaveX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WaveX’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNTOF FEES RECEIVED BY WaveX IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMSOR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO THE WaveX COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You will indemnify and hold harmless WaveX, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

You and WaveX are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by WaveX to exercise a right or require performance of an obligation in these Terms shall not affect WaveX’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

These Terms constitute the entire agreement between you and WaveX and supersedes all prior or contemporaneous understandings and/or agreements between you and WaveX.

You hereby agree that the laws of Singapore shall govern this Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.