Last updated: 22 Oct 2020
These Terms and Conditions are entered into by and between you and Cinewav Pte Ltd, a company incorporated under the laws of the Republic of Singapore with its registered address at 7 Temasek Boulevard, #12-07 Suntec Tower One, Singapore 038987 (“Cinewav”, “Company”, “we” or “us”). The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions” or “Terms”), govern your access to and use of the Cinewav services on our website www.cinewav.com, including all pages and features within the website or mobile software applications (the “Application”) (collectively, the “Site”), whether as a guest or a registered user. References herein to “Cinewav” shall also mean to include the Site, as the context requires. References herein to “you”, “your”, or “yours” shall refer to you.
By accepting these Terms, you represent and warrant that you are at least 13 years of age, or other applicable age in your jurisdiction (if different than 13), and you have the right and authority to enter into legally-binding agreements on your own behalf.
REFERENCES HEREIN TO “USE” OR “ACCESS” SHALL INCLUDING DOWNLOADING AND/OR INSTALLING (IF APPLICABLE), REGISTERING WITH, USING, AND/OR ACCESSING CINEWAV, INCLUDING USING THE CONTENT, FEATURES, FUNCTIONALITY, AND/OR SERVICES OF CINEWAV.
Cinewav is event ticketing platform and audio solution for various events (festivals, conferences, forums, trainings, workshop sessions and other events) (the “Event”), organized by third parties (the “Organizer”) that allows users (the “Visitor”) to watch content on a big screen and listen to the audio on their mobile devices simultaneously. Cinewav provides Visitors with the opportunity to receive information about all forthcoming Events and purchase tickets in order to participate in such Events (the “Ticket”). The Cinewav also allows Visitors to purchase supplementary products such as food, beverage and merchandise.
Unless otherwise stipulated by the Terms between the Parties, Cinewav shall not be the Organizer of the Events, nor the seller of any supplementary products. All obligations regarding the Event holding, the purchase of supplementary products or the provision of related services arise between the Visitor and the Organizer and/or third parties. Unless otherwise expressly stipulated by an agreement between the Parties, Cinewav shall not be responsible for non-performance of any obligations by the Organizer in connection with the provision of services through the Site, and is not liable for their financial obligations, including return of funds, paid by the Visitor.
2. VISITOR ACCOUNT ACCESSING. TICKET PURCHASING
You are responsible for safeguarding the password that you use to access the Account and for any activities or actions under your password. You accept all risks of unauthorized use of your Account and hereby release the Company from any liability in connection with any such unauthorized access. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
By purchasing a Ticket you enter into a relationship directly with the Organizer. Cinewav does not sell Tickets on behalf of the Organizer. In order to purchase a Ticket, the Visitor selects the Event on the Site, registers for it, then he/she is given the opportunity to choose the method of payment and the Service directs him/her to the payment system page. After the payment is made successfully, confirmation with an electronic Ticket is available in the Visitor Account, which grants rights to attend the Event.
The moment of payment for the Ticket is the time of receipt of funds to the Organizer Account. From the moment of payment for the Ticket, obligations arise between the Organizer and the Visitor, stipulated by the Terms and Conditions of the Event.
The Visitor undertakes to review all information concerning the Event, as well as the conditions for the purchase and return of Tickets. Cinewav is not liable in case this obligation was not performed by the Visitor.
Cinewav has no control over, and assumes no responsibility for, the quality of Event and/or supplementary products provided by Organizer. You further acknowledge and agree that Cinewav shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Event, supplementary products or services available on or through Cinewav. We strongly advise you to read the terms and conditions and privacy policies of any Organizer or Event before purchasing the Ticket.
Any disputes of disagreement and claims that may arise regarding an Event shall be directed by the Visitor directly to the Organizer.
3. REFUND POLICY
Cinewav is not responsible for providing any refunds for the Tickets and/or supplementary products on behalf of the Organizer. The procedure of processing of a refund and technical procedure of refunding the Visitors their money shall be regulated by the terms of the Organizer.
In this case, the Visitor must draw up a request for a return of funds by sending an e-mail to the Organizer indicated in the Organizer’s Event information or in any other way specified in the Organizer’s terms.
The specified request is considered by the Organizer, after which the Visitor shall be notified of the order and terms of the return. In all cases, the return of funds can be made only after deducting the corresponding expenses, incurred by the Organizer. Other refund policies can be specified by the agreement between the Visitor and the Organizer.
4. PROHIBITED USES
You may use Cinewav and the Site only for lawful purposes and in accordance with these Terms. You agree not to use Cinewav or the Site:
- in any way that violates any applicable local or international law or regulation;
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Cinewav or the Site, or which, as determined by us, may harm the Company or users of Cinewav or the Site or expose them to liability.
- use Cinewav in any manner that could disable, overburden, damage, or impair Cinewav or interfere with any other party’s use of Cinewav, including their ability to engage in real time activities through Cinewav;
- use any robot, spider or other automatic device, process or means to access Cinewav for any purpose, including monitoring or copying any of the material on Cinewav;
- use any manual process to monitor or copy any of the material on Cinewav or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of Cinewav;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Cinewav, the server on which Cinewav is stored, or any server, computer, device, or database connected to Cinewav;
- attack Cinewav via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of Cinewav.
5. INTELLECTUAL PROPERTY RIGHTS
The Company (or its licensors) shall retain all Intellectual Property rights in and to all of the Company’s business, information, technology and other proprietary materials, including but not limited to the Site and the products, (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, "look and feel", images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology or product) or any derivatives thereof, the name “Cinewav” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to You through the Site or otherwise (“Intellectual Property”).
Except as specified herein, you do not acquire any rights, express or implied, in the Site, including all upgrades, modifications, new versions and releases and have no right to commercialize or transfer the Site, in whole or in part. No license, right or Intellectual Property Right in any Company’s trademark, trade name or service mark is granted pursuant to these Terms.
Cinewav shall not be liable for the activity of any Organizer, including the breach of third party’s Intellectual Property rights. It is the sole responsibility of the Organizer to ensure all respective licenses and authorizations are in place. If you believe that the Organizer has infringed any of your or third party’s Intellectual Property rights, please send a notice directly to the Organizer.
6. THIRD-PARTY MATERIALS AND LINKS
Cinewav and/or the Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by other users and third parties) or provide links (each, a “Link”) to third-party websites, sites, resources, or services, including through links contained in advertisement, as well as links to websites or applications (collectively, including Links, the “Third-Party Materials”). You acknowledge and agree that Cinewav is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. All statements and/or opinions expressed in Third-Party Materials, other than the content provided by Cinewav, are solely the responsibility of the person or entity providing the same. Cinewav does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. We have no control over the contents of Third-Party Materials and Links, sites, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Materials and Links linked to Cinewav and/or the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Materials and Links. Third-Party Materials, Links, and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
7. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that Cinewav and any material, content, functionality, or feature thereof will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF CINEWAV, ITS CONTENT, FEATURES, FUNCTIONALITY, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CINEWAV IS AT YOUR OWN RISK. CINEWAV, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH CINEWAV ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS, AND ASSIGNS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO CINEWAV, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF CINEWAV, ITS CONTENT, FEATURES, FUNCTIONALITY, AND SERVICES, AND ITEMS OBTAINED THROUGH CINEWAV, OR THAT THE SAME ARE ACCURATE, RELIABLE, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT CINEWAV OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT CINEWAV OR ANY SERVICES OR ITEMS OBTAINED THROUGH CINEWAV WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
8. LIMITATION OF LIABILITY
In no event shall Company or any of Company's officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: your access, inability to access, registration with, inability to register with, use or inability to use the Site; the unauthorized access to or alteration of your information; any statements, content or conduct of any third party on, through or in relation to the Site or made or provided during the course of your visit, access, registration with or use of the Site; any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s); any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s); the fact that you have relied on any information or content found on, through or in relation to the Site or made or provided during the course of your visit, access, registration with or use of the Site; any acts, errors or omissions of any third-party providers, if any; any products or services offered or sold by Company on or through the Site.
The Company is not liable for non-performance or improper performance of its obligations due to failures in the operation of telecommunication and energy networks, the operation of malicious programs, as well as the unfair actions of third parties, aimed at unauthorized access and/or disabling of software and/or hardware system of the company.
The Company is not liable for non-performance of obligations by Organizers in connection with the provision of services through the Site, and it is not liable for their financial obligations, including return of funds, paid by the Visitor.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THE COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS SITE.
If you fail to comply with any terms or conditions (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized charges and payments, any unauthorized changes to your information and settings), and agree to indemnify, release and hold harmless us and our officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from your violation of any term of these Terms, including, without limitation your breach of any of the representations and warranties above, your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights and your violation of any applicable law, rule or regulation, as well as any claim or damage that arises as a result of any of your content; and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with your failure to comply with such terms or conditions.
This provision shall survive the termination of these Terms and remain in full force and effect.
The disclaimers and limitations set forth in the sections above are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
10. JURISDICTION AND GOVERNING LAW
All matters relating to Cinewav and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Singapore without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or Cinewav shall be instituted exclusively in the courts of the Republic of Singapore.
11. OUR RIGHTS
We reserve the right at all times to edit, refuse to post, or to remove from the Site any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
We reserve the right to suspend access to all or part of the Site for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Site, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the Site for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.
12. SUPPLEMENTAL TERMS FOR APP STORES
To the extent permitted by applicable law, the following supplemental terms shall apply:
Google Play. By downloading the Application from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Application that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Company or you (or any other user) under these Terms or the Google Play Terms.
- These Terms are between Company and you; Apple is not a party to these Terms.
- The license granted to you hereunder is limited to a non-exclusive, non-transferable right to install the application with the Application on the Apple device(s) authorised by Apple that you own or control, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
- Apple is not responsible for the Application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
- In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
- Apple is not responsible for addressing any claims by you or a third party relating to the Application or your possession or use of the Application, including without limitation (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law will not apply to any disputes for which the Parties have actual notice prior to the date the change is posted on our Site. If you do not agree to the changes made to These Terms then you have the right to stop using the Site, and should do so immediately. Your continued use of the Site after the date the changes have been posted will constitute acceptance of the amended terms.
Your continued use of Cinewav following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. We may send you a courtesy email if we have an email address on file for you notifying you of changes to the Terms.
Headings are included for convenience only and will not be considered in interpreting these Terms. For the avoidance of doubt, as used in these Terms, the word “including” means “including but not limited to”.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between the Company and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.
The Company is allowed to assign, novate, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Any failure or delay by the Company in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by the Company.
The Company may provide notifications to you via email notice, or through posting of such notice on the Site, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that You may opt out of certain means of notification as described in these Terms. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address You provide us.
14. COMMENTS AND CONCERNS
Cinewav is operated by Cinewav Pte Ltd, a company incorporated under the laws of the Republic of Singapore with the registered address at 7 Temasek Boulevard, #12-07 Suntec Tower One, Singapore 038987.
All other feedback, comments, requests please send to email@example.com.