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TERMS AND CONDITIONS/PRIVACY POLICY

 

This user agreement ("agreement" or "terms") specify the legally binding terms and condition that shall govern your usage of our website and the services thereof. You are requested and required to read these terms carefully before using the website and services offered by www.thoughtwavespro.com [HEREINAFTER “the website”]. We have incorporated by reference all linked information.

 

You expressly agree that by using the website in any manner or mode, including but not limited to visiting or browsing the website, you (the "user") you consent to be bound by these terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms are applicable to all users of the Site, including without limitation users who are consumers or their representatives or any visitor to the site who uses the site for any commercial reason in relation to information and other materials or services on the Site.

 

We reserve the right to change the terms and conditions at any time at our discretion and you agree to be bound by the amended terms. You are advised to keep checking the terms regularly. If www.thoughtwavespro.com makes a material change, www.thoughtwavespro.com will notify you here, by email, by means of a notice on our home page, or other places the website deems appropriate. What constitutes a "material change" will be determined at www.thoughtwavespro.com sole discretion, in good faith, and using common sense and reasonable judgment.

 

1. DEFINITIONS:

1.1 “Agreement” shall mean this user agreement between the Parties, subject to the terms and conditions of providing Services, attached appendices or other documents incorporated in these terms and conditions.

1.2 www.thoughtwavespro.com “we”, “our”, “website” or “us” means www.thoughtwavespro.com with official address: Sleep Deep Ltd P.O. Box 215 Whangarei 0140 New Zealand.

1.3 Services mean and include all the services, products, advice etc. available on the website.

1.4 “User”, “you” or “your” means an individual or company representative who visits or uses the website to avail the services provided by the website. 

 

2. SERVICES:

2.1 The website aims at supporting adults and children in our fast and confusing world and helps individuals, parents and careers of children to achieve health benefits.

2.2 The website aims to provide more audio products and children's books in order to help individuals from facing problems such as asthma, bed wetting, sore skin conditions, infections, stress related to medical procedures etc. The website also makes available audio products for relaxing nursing home clients and for emergency service personnel, who are the subject of stresses during a job, sleep disturbance and helps in dealing with the memories of trauma scenes. The website makes available guided relaxation books and audio for children and adults too.

 

3. ELIGIBILITY:

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. This website is not intended for users under the age of 18. Nobody under 18 may use any part of the Site that requires the submission of personally identifiable information, like email or name. Any account that is created by a person under 18 will be terminated and any content created will be removed from the Site. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these terms and conditions are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

 

4. COMPLIANCE 

Password: If a password should be arranged, you are required to keep your password secure. You shall assume absolute and sole liability for all activity, liability and damage resulting from your failure to maintain password confidentiality and secrecy. You agree to immediately notify Thought Waves Pro of any unauthorized use of your password or any breach of security. You also agree that Thought Waves Pro cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Thought Waves Pro without Thought Waves Pro express written permission.

Account Information: You shall keep your account information up-to-date and accurate at all times, including a valid email address. Your payment information, as provided to us, shall also be accurate and genuine at all times. You agree that your account information can be made available to Thought Waves Pro administration or its’ appointed employees or contractors.

You agree that you have ensured that your access of our website and its services are completely in accordance with local laws of your respective state, territory or country.  

Account Transfer: You shall not transfer or sell your Thought Waves Pro account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the respective entity to this Agreement.

 

5.  USAGE:  

Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. The Materials include information about forms of treatment that are general in nature and do not cover all possible uses, actions, precautions, side effects, or interactions of any medicines or treatments, nor is the information intended as advice for individual problems or for making an evaluation as to the risks and benefits of a particular form of treatment. The text that may be displayed on the website at any one time may contain only a portion of relevant information. 

 

6. PROPRIETARY RIGHTS: 

User acknowledges that this website contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the copyright laws, and this website owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

 

7. POSTING CONTENT ON OUR SERVICES: 

7.1 You can post content to a Service only if (a) you created and own the rights to the content or you have the owner’s express permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOS, our Rules of User Conduct, or any other posted policies. We can remove content for any reason.

7.2 You are responsible for any content you post to our Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SERVICES.

7.3 You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.  You may not post content containing advertisements or other commercial solicitations without our prior permission. 

7.4 Except as otherwise provided in this TOS, you or the owner of any content that you post to our Services retain ownership of all rights, title, and interests in that content. However, by posting content on a Service, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, translate, display, remix, perform, communicate, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).

7.5 When you use a Service that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, translate, display, remix, perform, communicate, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. 

 

8. COPYRIGHT POLICY:

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: www.thoughtwavespro.com– web site.

 

9. USING OUR SERVICES:

 9.1 To use our Services, you must:

 (a) Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;

(b) Immediately notify us if you learn of a security breach or other illegal activity on the Services;

(c) Not post content that contains explicit or graphic descriptions or accounts of sexual acts or is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious;

(d) Not engage in an activity that is harmful to us or our customers, advertisers, affiliates, vendors, or anyone else;

(e) Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and 

(f) Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services. 

9.2 To prevent violations and enforce this TOS and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you.

9.3 You are responsible for obtaining at your own expense all equipment and services needed to access our Services. If you are accessing our Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations.

 

10. PRICES:  

10.1 The price for an item on the website may differ from the price shown in a User's shopping cart - it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the website. If the price for the item on the website is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of the website, website may either (I) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. 

10.2 The prices of the products are given in USD along with the product on the website. The payment modes available are via PayPal or via third party product hosting websites payment methods such as Amazon, I-Tunes, Kindle, Kobe, etc. 

10.3 Please note that this policy regarding prices applies only to items sold and shipped by the website. Any purchases from any third-party sellers may be subject to different policies in the event of an incorrectly priced item.

 

11. PAYMENT GATEWAYS

You expressly agree and acknowledge that we may employ or collaborate with third party payment gateways using secure SSL connections in order to facilitate, distribute, transact and receive payments for the services offered and received on or through this website. We reserve the right to change or replace the payment gateway on our sole discretion without any reservation whatsoever. We do not store your bank information with us and everything is completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you will hold us harmless against any such dispute or legal claim.

 

12. RISK OF LOSS:  

 The risk of loss and title for all items purchased via the website pass to the User upon delivery of the item to the carrier.

 

 13. THIRD PARTY LINKS:

Links from or to websites outside this Web Site are meant for convenience only. This website does not review, endorse, approve or control, and is not responsible for any sites linked from or to this Web Site, the content of those sites, the third parties named therein, or their products or services. Linking to any other site is at your sole risk and this website will not be responsible or liable for any damages in connection with linking. This website disclaims all warranties, express and implied as to the accuracy, validity and legality of any materials or information found on those sites.

 

14. OFFERS AND PRIZES:

The website conducts various offers and prizes to the users which are governed by its own terms and conditions and are also in line with these terms and conditions. The user is requested to go through the terms and conditions of the offers and prizes when availing such services.

 

15. DISCLAIMER OF WARRANTIES:

 15.1 The website, including without limitations, the materials, are provided on an “as is”, “as available” and “without all faults” basis to the fullest extent permissible by law.  The website, and owners, employees, directors, officers, members, shareholders, agents, vendors, and contractors of the website make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to (a) the website; (b) the materials on or provided through the website; (c) the downloadable items, (d) user content; (e) the functions made accessible on or thought the website; (f) any products, services or instructions offered or referenced at the website; and or (g) security associated with the transmission or information transmitted to or from the website.  In addition, the website hereby disclaims all warranties, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

 15.2 The website does not represent or warrant that the website or the functions contained therein will be error free or uninterrupted, that defects will be corrected, or that the website or the server that makes the website available be free from any harmful components, including without limitation, viruses or other malware.  The website does not make any representation or warranties that the information on the website is accurate, complete, correct, adequate, useful, timely, reliable or otherwise.  The website does not warrant that your use of the website is lawful in any particular jurisdiction, and specifically disclaims such warranties.  Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdiction’s law is applicable to these terms.

 

 16. GENERAL DISCLAIMER: 

 16.1 The website does not recommend, endorse or make any representations about the efficacy, appropriateness or suitability of any products, downloads, services, opinions, treatment, advice or any other information from providers or referrals that may be contained or available through the website.  The website is not responsible for any product, download, service, opinion, treatment, advice, or any other information that you obtain through the website. 

16.2 By accessing or using the website, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the website.

 

17. DISCLAIMER OF LIABILITY:

17.1 Under no circumstances will the website be liable to you for any loss or damages of any kind that are directly or indirectly related to the website, the materials in the website, the downloadable items, user content, your use or inability to use , or the performance of the website, any action taken in connection with an investigation by the website or law enforcement authorities regarding your use of the website, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the website, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the website has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.  In no event will any website be liable to you or anyone else for loss, damage or injury.  Some states, countries, provinces and territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.  In no event will the website’s total liability to you for all damages, loss, or causes of action, if any, exceed $10 USD.  Your access to and use of the website is at your risk.  If you are dissatisfied with the website, the materials, or anything regarding the website, your sole and exclusive remedy is to discontinue accessing and using the website or the services.

 

18. TERMINATION AND MODIFICATION:

18.1 The website reserves the right to terminate your access to and use of the website, in its sole discretion, without notice and liability, including without limitation, if the website believes your conduct fails to conform to these Terms.  The sites also reserve the right to investigate suspected violations of these Terms.  Any violation of these terms, may be referred to law enforcement authorities.

 18.2 The website reserves the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time, any materials, downloads or programs available on the website without limitations, including the cessation of all activities associated with the website, with or without notice.  You agree that the website will not be liable to you or to any third party for any modification, suspension or discontinuance of the sites or any part thereof.

 

19. DISPUTE RESOLUTION/MEDIATION/NO CLASS RELIEF:

19.1 If any controversy, allegation or claim arises out of or relates to the website, the materials, your use of the website, and these Terms, (collectively, “Dispute”), or to any of the website actual or alleged intellectual property rights (an “excluded dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or excluded dispute, along with a proposed resolution of it.  If we do not have a current address for you then, then we have no obligation under this section.  Your notice to us must be sent to C/O the contact page on thoughtwavespro.com web site.  For a period of sixty days from the date of receipt of notice from the other party, the website will engage in a dialogue in order to attempt to resolve the dispute or excluded dispute though nothing will require either party to resolve the dispute or excluded dispute on terms with respect to which you and the website, in each of our sole discretion are not comfortable.

19.2 If we cannot resolve a dispute as set forth above within sixty days of receipt of the notice, then either you or we must submit the dispute to formal mediation in Auckland, New Zealand administered by the Judicial Arbitration Mediation Services/Arbitration Association.  The mediation shall be conducted by a mediator agreed on by the parties no later than ninety days from the notice of dispute.  If the parties are unable to timely select the mediator, Arbitration Association, shall designate the mediator.  The parties must split the cost of the mediation equally. 

19.3 Disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party.  But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the above section.

19.4 Except to the extent that mediation is required, any action or proceeding relating to any dispute or excluded dispute may only be instituted in the Court of Auckland, New Zealand. Accordingly you and the website consent to the exclusive personal jurisdiction and venue of such courts for such matters.

19.5 This section can only be changed or terminated upon mutual written agreement.

 

20. GOVERNING LAW AND JURISDICTION:

These terms of service shall be governed by and construed in accordance with the laws of New Zealand. You agree that any dispute arising from or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction and venue of the courts of Auckland.

 

21. PRIVACY:

21.1 We work hard to protect our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold however no website is entirely secure. You should protect the account information in your possession as well. 

21.2 Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Thus we cannot guarantee security completely. We otherwise store all of our information, including your IP address information, using techniques reasonably designed to secure the information. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, personal information or otherwise.

 

22. GENERAL:

22.1 Assignment: We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these TOS without our prior written consent, and any unauthorized assignment by you shall be null and void.

22.2 Foreign jurisdiction: Our services are available globally. By agreeing to our terms of service, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us, associated or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. 

22.3 Severability: If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

22.4 Attorneys’ Fees: In the event any litigation is brought by either party in connection with these TOS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

22.5 No Waiver: Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

22.6 Equitable Remedies: You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these TOS, in addition to such other remedies as we may otherwise have available to it under applicable laws. 

22.7 Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials. 

22.8 You agree to indemnify and hold this website and (as applicable) this website’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

 

23. ELECTRONIC COMMUNICATIONS:

When you use any of this website’s Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through other website Services. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

 

24. COMMUNICATIONS:

24.1 This website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers at the contact page at www.thoughtwavespro.com. 

24.2 You consent to receive notices and information from us in respect of the Website and Services by electronic communication. 

 

25. ENTIRE AGREEMENT: 

This Agreement, including the documents expressly incorporated by reference herein, constitutes the entire agreement between you and us with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Services.

 

26. CONTACT US:

WE DO NOT ACCEPT ANY RESERVATION TO OUR TERMS OF SERVICE

Any question or suggestion regarding the terms of service shall be sent to contact page at www.thoughtwavespro.com. 

Our official postal address is Sleep Deep Lrd P.O. Box 215 Whangarei 0140 New Zealand.