Terms of use

The Wave Group Ltd and its affiliates ("The Wave", "we" or "us") provide online facilities including but not limited to The Wave website (our "Site") and associated computer programs, algorithms and mobile applications (collectively, our "Services"). These Services are designed to enable and enhance your use of The Wave's online facilities.

To look after your privacy and to keep our Services useful, The Wave users and account holders must adhere to this Terms of Use Agreement ("Terms of Use") and our Privacy Policy. By using The Wave Services, either as a visitor or as an account holder, you are deemed to have accepted these Terms of Use and our Privacy Policy.

These Terms of Use were last updated in November 2018.

1. About us

The Wave is a trademark of The Wave Group Limited, a private company registered in England under company number 10586504 and our registered office is One, Glass Wharf, Bristol, United Kingdom, BS2 0ZX

2. Use of our Site and Services

Your access to and use of our Site and Services is subject to these Terms of Use. It is a legal agreement between you and The Wave Group Ltd and forms a contract for the use of our Services. Subject to your acceptance of and adherence to these Terms of Use, we grant you a limited, non-exclusive license to utilise our Services as set forth herein.

By accessing and using our Site and Services, you accept, without limitation or qualification, these Terms of Use and our Privacy policy.

The terms "you", "your" and "user" refer to all individuals and entities that access our Services.

3. Modification of Terms of Use

We reserve the right to change these Terms of Use from time to time without notice, as we deem necessary. A link to the most current Terms of Use will be available from The Wave homepage and we will indicate the date of the latest update at the top of the Terms of Use. We encourage you to review the Terms of Use periodically to check you understand the latest version. Your continued use of our Services constitutes your acceptance of any changes to the Terms of Use.

4. Requirements of use

The Wave Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

Please see "Precautions" (Clause 5) below for recommended precautions related to your use of our Services.

5. Acceptable use

You may only use our Services in accordance with these Terms of Use and, in any event, for lawful purposes in compliance with all applicable laws, regulations and codes of practice in the UK or in any other jurisdiction from where you access our Services.

In particular, you agree not to access without authority, interfere with, damage or disrupt any:

  1. part of our Services;
  2. equipment or network on which our Services are stored;
  3. software used in the provision of our Services; or
  4. equipment or network or software owned or used by any third party.

Your contributions to our Services in the form of data and other information must:

  1. be accurate; and
  2. comply with applicable law in the UK and in any country from which they are posted.

Your contributions to our Services in the form of data and other information must not:

  1. contain any material that is obscene, offensive, hateful, inflammatory or defamatory of any person;
  2. promote any discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. infringe any copyright, database right, trademark or any other right of any other person;
  4. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  5. be likely to harass, upset, embarrass alarm or annoy any other person;
  6. be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
  7. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

When issues are brought to our attention we will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our Services. When a breach has occurred or inappropriate material has been posted, we may take such action as we deem appropriate, including, for example, withdrawing your right to use our Services; removing any posting or material you have uploaded; taking legal action against you; or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

You may not obtain or attempt to obtain any materials or information from our Services through any means not intentionally made available to you by Wave.

6. Precautions

Content found on our Site and Services is for informational purposes only and is not a substitute for professional medical advice. We are not a medical care provider and have no expertise in diagnosing or treating medical conditions of any kind, or in determining the effect of any physical activity on a medical condition. Not all activities described on our Services are suitable for everyone. If you have a medical condition or are in any way worried about undertaking physical activity or exercise of any sort you should consult a physician before using The Wave [product description]. You should understand that when participating in physical activity there is the possibility of injury and/or death. If you feel discomfort or pain, immediately stop what you are doing and seek help. By using The Wave Services, you represent that you have read and understood these important medical warnings. We are not responsible for any health problems that may result from using our Services.

7. User generated content and data

Subject to The Wave's adherence to the privacy settings you select within our Services, you hereby grant to The Wave a perpetual, irrevocable, non-exclusive, worldwide, royalty-free licence, with the right to sub-license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, images or other data and information you submit to our Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. User Generated Content includes but is not limited to [service details]. Subject to The Wave's adherence to the privacy settings you select within our Site or Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude The Wave's use of the User Generated Content or require your permission for Wave to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against The Wave or its partners relating to The Wave's or its partners' use of the User Generated Content in accordance with your privacy settings, and you hereby release The Wave and its partners from any such claims. You represent that your User Generated Content and Data will fully comply with our "Acceptable use" (Clause 5) rules above.

8. Privacy policy and passwords

If you use our Services you may share information about yourself and your experiences. Although we will always ask for your permission to share your information, it is important that you understand how our data sharing relationships work and what information is shared with our different partners and users. We have set out further information in our Privacy Policy which we encourage you to read.

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your login information or password. The Wave cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your account or for any third party's fraudulent use or misuse of information submitted by you.

You represent that the information that you provide about yourself as requested in The Wave account registration form is accurate and complete, and you agree to update your account information, as necessary, including providing The Wave with your current email address, so that you may receive notifications and other account-related communications.

9. Intellectual Property

The contents of our Services and underlying technologies used in connection with the provision of The Wave Services are protected by copyrights, trademarks, database rights and other intellectual property rights which are owned by The Wave and/or its partners. You acknowledge this and agree that no part of The Wave's Services may be copied, displayed, downloaded, distributed or republished other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any licence or right under any patent or trademark of The Wave, or any third party. You may not obtain or attempt to obtain any materials or information from our Services through any means not intentionally made available to you by The Wave.

10. User indemnification

You agree to indemnify, keep indemnified, defend and hold harmless The Wave, its officers, directors, employees, agents, suppliers and third party partners from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with your use of our Services, including any User Generated Content you post, store, reproduce, display, or distribute; your violation of these Terms of Use; or your violation of any intellectual property or other third party rights or any applicable law in connection with your use of our Site or Services. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you agree to cooperate with us in asserting the available defences.

11. Our Services; Limitation of Liability

The Wave works hard to provide helpful and accurate information on our Site and Services but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made through them.

Further, our Site and Services are provided to you on an "as is" and "as available" basis. You agree that access to and use of our Site and Services, their functionality and the content and data therein is at your own risk. To the fullest extent permitted by law, our Site and Services and any individual person or party connected to them or involved in creating, producing or delivering them hereby exclude:

  1. all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
  2. any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of our Services or websites and applications linked to our Services, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

12. Written communication and notices

When using The Wave Services, you accept that communication with us will be mainly in electronic format. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us, including any complaints that you might have about The Wave Services, must be given to The Wave HQ, Unit D, Albion Dockside Building, Hanover Place, Bristol BS1 6UT or by email via Contact us. We may give notice to you at either the email address you provide to us when you create an account, or in any of the ways specified in this paragraph.

13. Waiver

If we fail at any time during the term of your use of our Site to insist upon strict performance of any of your obligations under these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.

14. Severability

If any of these Terms of Use or any provisions of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

15. Entire agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to access to and your use of our Site and Services and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

16. Availability

All The Wave products and services are subject to availability and are made available at the sole discretion of The Wave.

17. Law and jurisdiction

These terms and conditions and the agreement between you and us will be governed by English law. Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

18. Loyalty schemes

Where you are a participant in a challenge or rewards programme operated by one of our partners, the operation of that scheme or programme, and the award and redemption of rewards, will be solely the responsibility of that partner, and not The Wave. Any questions or complaints that you may have about that scheme or programme, including your participation in it, should be directed to the relevant partner, and not The Wave.