Terms and Conditions for use of the BlueWave website
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
The TERMS AND CONDITIONS FOR USE OF WEBSITE set out below apply to the website owned, operated and controlled by BlueWave Communications Limited (company number 119598C) whose registered office is at Heywood House, Douglas, IM1 1EW (“BlueWave”) at https://www.bwc.im (the “Website”).
By using this Website and by ordering any services from BlueWave you are deemed to have read and agreed to these Terms and Conditions for Use of Website.
What’s in these terms?
These terms tell you the rules for using our website https://www.bwc.im (our site).
Click on the links below to go straight to more information on each area:
• Who we are and how to contact us >.
• By using our site you accept these terms >.
• There are other terms that may apply to you >.
• We may make changes to these terms >.
• We may make changes to our site >.
• We may suspend or withdraw our site >.
• You must keep your account details safe >.
• How you may use material on our site >.</a|>
• Do not rely on information on our site >.
• We are not responsible for websites we link to >.
• User-generated content is not approved by us >.
• When we are responsible for loss or damage suffered by you >.
• Indemnity >.
• We are not responsible for viruses and you must not introduce them >.
• Rules about linking to our site >.
• Which country’s laws apply to any disputes? >
• Terms and conditions of supply >.
Who we are and how to contact us
https://www.bwc.im is a site operated by BlueWave Communications Limited (“We”). We are registered in the Isle of Man under company number 119598C and have our registered office at Heywood House, Ridgeway Street, Douglas IM1 1EW. Our main trading address is Heywood House, Ridgeway Street, Douglas IM1 1EW. Our VAT number is GB003209336.
We are a limited company.
By using our site you accept these terms
There are other terms that may apply to you
• If you purchase goods from our site, our Terms and Conditions of Supply > will apply to the sales.
• Any order form, contract, schedule, addendum or terms and conditions that are made available to you by BlueWave.
We may make changes to these terms
We may make changes to our site
We may suspend or withdraw our site
Our site is made available free of charge.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Our responsibility for loss or damage suffered by you
Applicable to all users, unless superseded by a signed contract between both parties:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of Supply.
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including BlueWave shall not in any way be liable for any loss of profits, anticipated savings, goodwill or business opportunity, for the loss, corruption or destruction of data, for injury to reputation or third party losses or for indirect, consequential or special loss or damage regardless of form of action, whether in tort (including negligence) contract, strict liability or otherwise and regardless of whether BlueWave knew or had reason to know of the possibility of the loss, injury or damage in question.
• Nothing in these Conditions shall operate so as to exclude BlueWave liability for death or personal injury resulting from its negligence or for fraudulent misrepresentation.
• BlueWave’s total aggregate liability under any contract for any claim arising out of or in connection with the provision of the Services shall be limited to the Fees paid you in respect of the Services which are the subject of any such claim. In any event no claim shall be brought against BlueWave unless you notify BlueWave of the claim within two years of it arising.
• We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
You shall indemnify and hold BlueWave harmless from and against any breach you of these Conditions and/or the terms of any Contract and any claim brought against BlueWave a third party resulting from the provision of Services to you and your use of the Services other than in accordance with the terms of these Conditions and the applicable Contract.
We are not responsible for viruses
and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-ofservice attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
Which country’s laws apply to any disputes?
BlueWave will use your personal information in accordance with the Data Protection Act 2018. Information about you will be used to process your order and to provide you with the best possible service, including dealing with your queries and sending you information about changes in the BlueWave service.
BlueWave will not release, offer or sell your personal information to third parties without first seeking your consent, except that you here consent to your personal information being transferred to any third party acquiring substantially all of BlueWave’s assets.
The information BlueWave holds will be accurate and up to date. You are entitled to ask for a copy of your personal information (for which BlueWave may charge a small fee) and to ask BlueWave to correct any inaccuracies or update your personal information at any time contacting BlueWave at firstname.lastname@example.org.
BlueWave may need to transfer your personal information to countries that do not provide the same level of data protection as is required in the UK. BlueWave will transfer your personal information only in accordance with the relevant provisions of the Data Protection Act 2018. By submitting your personal information to BlueWave you consent to such transfer.
Terms & Conditions of Supply
You may have signed a contract with BlueWave and that contract will supersede these Terms & Conditions of Supply where they differ.
Unless otherwise stated, please note that our standard Service Level Agreement (SLA) currently stands at BlueWave providing a resolution to any technical fault within 5 working days. We always endeavor to resolve any issues as soon as is possible, however if for any reason we do not meet our SLA we will provide you with a pro-rata refund, by way of a service credit, for each day it is reported by our technical team that you are unable to use the BlueWave service. You must report any faults to us as soon as they occur, this will demarcate the commencement of the SLA. Support tickets will only be able to be generated if the account is not in arrears and all payments up to date.
BlueWave will only action changes and divulge any account-related information to authorised contacts only. For connectivity customers, this will be the individual named on the account held with us.