Wave Global Terms and Conditions of Use | NIHON DENKEI (MALAYSIA) SDN.BHD. | Official Website
Terms of Use
Article 1 (Introduction)
The Terms of Use (“Terms of Use”) stipulate the services (“Services”) provided by NIHON DENKEI (MALAYSIA) SDN BHD (“Company”) on the Wave Global site and any subsequent commercial transactions. It also defines the terms for commercial transactions with the Company (“Transactions”).
Article 2 (Definitions)
The terms used in these Terms of Use have the following meanings.
2.1. “Users” means users of the Services and Transactions registered by the Company.
2.2. “Products” means the products that we provide to users through Transactions.
Article 3 (Scope of the Terms of Use)
3.1. These Terms of Use applies to all relationships between the Company and the Users regarding the Services and subsequent Transactions.
3.2. The Company may stipulate additional conditions as necessary to facilitate the smooth operation of the Services and Transactions. Additional conditions will become effective at the time of notification to Users.
Article 4 (Modification to the Terms of Use)
The Company may modify these Terms of Use as necessary without obtaining consent of Users. Any changes to these Terms of Use will be effective immediately after the Company notifies Users of the changes in accordance with one of the appropriate methods defined in Article 9.
Article 5 (User Registration)
In order to use the Services, the applicants shall agree to these Terms of Use and complete the user registration process as separately determined by the Company. The Company may refuse to register a user (“Applicant”) as a result of a screening process defined by the Company. In such case, the Company will not disclose to the Applicant the reason for the rejection.
Article 6 (Restrictions on Users)
6.1. Only registered users can use this Services. Applicants become the Users only after the user registration is completed.
6.2. Notwithstanding the preceding paragraph, the Company may delete the user registration of an Applicant if it becomes clear after the user registration that the Applicant is inappropriate as a user.
Article 7 (Change of Registration Data)
Any changes to your user registration data will be implemented by notifying the Company of the changes through our website. The Company is not responsible for any damages resulting from the change of the registration data or from the user’s failure to notify the Company of the change of the user registration data.
Article 8 (Management of User Information)
8.1. The Users shall set a password after the user registration is completed.
8.2. The Users shall be responsible for the management of the User ID and password. If a User ID and password are illegally used for any cause for which the Company is not responsible, the User in possession of such User ID and password shall be liable for such illegal use. The Users shall not allow any third party to use the User ID and Password, lend or transfer the User ID and Password, change the ownership of the User ID and Password, sell or purchase the User ID and Password, or pledge or mortgage the User ID and Password.
8.3. The Company shall not compensate for any damage caused by the leakage or unauthorized use of User ID and password, except for those caused by the Company. If the Company suffers damages due to the leakage or unauthorized use of a User ID and password by a User, the Company may demand compensation from the User for any damage incurred by the Company.
8.4. If a user ID is used without the user’s permission, or if a user ID and password are leaked to a third party, the user shall immediately notify the Company in writing.
Article 9 (Notification)
Notification from the Company to the Users shall be made through the Company’s website,mobile site, fax, e-mail, mail, or any other method the Company deems appropriate.
Article 10 (Handling of User Information)
10.1. Specific user information, such as (1)information registered through user registration, and (2)transaction history related to the Services, will be recorded in a computer that the Company manages or entrusts to manage.
10.2. The Company uses the User’s registration data, transaction history with the Company and other information for the following purposes:
(1) Delivery of Products and provision of after-sales service;
(2) Sending of brochures, direct mails (DM), faxes, and e-mails to deliver special offers on the Company’s mail-order business and other related services/businesses;
10.3. Provision of personal information collected by the Company about the User’s company or organization, person in charge, address, telephone number, fax number, date of birth, and e-mail address will not be provided or disclosed to any third party, except in the following cases:
(a) When information including the server registration information is necessary to operate the Services
(b) When the User has given prior consent to the use of the registration information
(c) When the Company consigns the handling of personal information to an outside contractor to the extent necessary to achieve the purpose of use disclosed to the Users
(d) When the Company uses personal information together with its group companies to the extent necessary to achieve the purpose of use disclosed to the Users
(e) When the Company needs to confirm a User’s credit by referring personal information to a personal credit record agency
(f) When the Company is required by law to respond to a request for personal information from the police, court, or other public institution
(g) When the Company needs to provide certain personal information to a company that manufactures our Products in order to prepare export documents to comply with laws and regulations
(h) When the Company needs to protect our rights or resources
(i) When the Company needs to protect the interests of other Users.
Article 11 (Responsibility of the Users)
11.1. The Users shall meet the conditions of use of the network related to the Services and comply with the operating procedures, various agreements and terms. When using the Services, the Users shall not
(1) use the Services for any purpose other than the purchase of Products
(2) infringe or potentially infringe rights, trademarks, and other rights related to the information contained in the Services owned by a third party or the Company
(3) interfere with or disrupt the server or network in connection with the Services
(4) interfere with the operation of the Services in any way
(5) take a fictitious name, act as a representative of an organization or company to which you have no rights, disguise your affiliation/partnership with another person or organization, or obtain two or more identities for their unauthorized use
(6) violate these Terms of Use or any of the laws and regulations, whether intentionally or negligently
(7) use a user ID or password illegally or allow a third party to use it
(8) falsify any data provided through the Services without the Company’s permission
(9) use the Products in any place other than the country or region to which the Products were delivered
(10) re-export the Products
(11) re-sell the Products
(12) do any other acts that may interfere with our business activities.
11.2. If the Users engage in any of the behaviors described in the preceding paragraph, the Company may revoke their status or temporarily suspend their use of the Services.
11.3. The Users are solely responsible for their conduct in complying with applicable laws and regulations and shall not divert the Products in violation of any applicable law or regulation. All Products are subject to applicable laws and regulations of Japan.
Article 12 (Quotation and Conclusion of Contract)
The Users send the Company a request for quotation based on the technical specifications, prices and other information of the Products provided through the Services. The Company will prepare and send the Users a written quotation or other documents in response to the quotation request received. Depending on the content of the quotation, additional transportation costs and other costs may be incurred. The contract between the Company and the Users shall be concluded on the basis of the quotation and other documents submitted by the Company.
12.1. The users will be able to send a request for quotation after registering as a user. When sending a request for quotation through the Services, the Users need to enter their User ID and password.
12.2. The Company will provide the Users a formal quotation in response to a quotation request made by them via the Services using the User ID and password. The quotation will contain detailed terms and conditions of the transaction, including price, delivery date and payment terms.
12.3. The Users shall confirm the formal quotation issued by the Company, and then place an order with the Company using their order form. Please note that it is not possible to place an order through the Services.
12.4. The Company is not obliged to respond to requests for quotations from the Users and it is at the Company’s discretion whether to respond or not.
Article 13 (Export Control and Compliance)
13.1. The Users shall comply with the laws and regulations of Japan and the country in which the Users are located regarding export control, as well as the export-related laws and regulations of other countries which have jurisdiction.
13.2. The Users shall not use the Products for the development, design, manufacture or suspected use of nuclear weapons, biological weapons, chemical weapons, missiles or other weapons of mass destruction or conventional weapons.
13.3. The Users shall not engage in the development, design, or manufacture of nuclear weapons, biological weapons, chemical weapons, missile, or other weapons of mass destruction or conventional weapons.
13.4. The Users shall not export the Products and technical information from their country of residence to any foreign country.
13.5. The Users shall be aware that the Company’s business practices prohibit bribery and corruption in any form. The Users shall not directly or indirectly provide anything of value or services to any party, including government officials, for the purpose of influencing any action or decision relating to the purchase and resale of any products ordered from the Company.
13.6. The Company may immediately terminate the contract with the Users if the Company determines that the Users are in violation of any of the paragraphs of this Article.
Article 14 (Government Sanctions and Restricted Entities)
The Users represent and warrant that they are not designated or associated with any of the restricted and prohibited parties lists including the following published by the U.S. Government’s or End Users List published by the Japanese Ministry of Economy, Trade and Industry (“METI”).
14.1. Denied Persons List, Entity List, or Un-Verified List published by the Department of Commerce, Bureau of Industry and Security (“BIS”)
14.2. Specially Designated Nationals Sanction Lists published by the Department of Treasury, Office of Foreign Assets Control (“OFAC”)
14.3. List of Statutorily Debarred Parties published by the State Department, Division of Defense Trade Controls (“DDTC”)
Article 15 (Transfer of Ownership)
15.1. The conclusion of the contract is based on the request for quotation made through the Services, the Company’s quotation and the Users’ order form. The ownership of the Products shall be transferred to the Users upon delivery of the Products after the Company has received payment from the Users.
15.2. Notwithstanding the preceding paragraph, the burden of risk for the Products shall be transferred to Users immediately when the Company receive payment from them.
Article 16 (Product Warranty)
16.1. Upon arrival of the Products, the Users shall confirm the name and quantity of the Products, which shall complete the acceptance of the Products. If the wrong products or defects are found, the Users must notify the Company within five (5) calendar days of the arrival of the Products. If the Company does not receive such notification within five (5) calendar days of receipt of the Products, the Company will assume that the Products are not defective or faulty.
16.2. In the event that the Company receives a notification of the wrong products or defects from the Users, the Company and the Users shall confirm the details of the wrong products or defects and both parties shall attempt to resolve it in good faith.
16.3. The Company shall not be liable for any loss or damage incurred by the Users or any third party as a result of the wrong products or defects.
Article 17 (Installation and Maintenance of the Equipment by the Users)
17.1. The Users shall install the equipment necessary to receive the Services online at their own expense, such as telecommunications equipment (including contract with a telecommunications carrier), computers and software programs (“User Equipment”)
17.2. In order to receive the Services, the Users shall maintain the User Equipment at their own expense and at their own responsibility so that it operates properly and access the website through the provider of the Users’ choice.
17.3. The Company shall not be liable for any damage caused by communication failure.
Article 18 (Copyright)
In this Services, the copyright of all the works such as the copyright of the database, the design and layout of the brochure, the Company’s website and mobile site, and the screen on which the product information is displayed belongs to us. The Users shall not copy, sell, transfer, rent or disclose any information obtained through the Company. The Users shall not use the information in the brochure, on the Company’s website or on the mobile site to provide, or allow any third party to provide, any service similar to the Services or any competing services.
Article 19 (Exclusion)
19.1. The Company will notify the Users as soon as possible in the event that the Company is unable to fulfil its obligations due to abnormal weather, natural disasters, or the enactment, change, or repeal of laws and regulations, traffic accidents, the exercise of public authority, accidents during transportation, labor disputes, wars, epidemics, etc. The Company shall not be liable for any loss or damage incurred by the Users due to any of the above reasons.
19.2. The Company pays attention to the security of the Users’ personal information when the Users enter it. However, the Users recognize the risk of information leakage even in such a protected environment, and agree that the personal information entered may not always be secure. The Company shall not be liable for any loss or damage incurred by the Users as a result of information leakage, unless the Company has malicious intent or gross negligence in information management.
19.3. This Services are provided from Japan and the Users agree in advance that the Products may not conform to the standards of the Users’ country. The Company shall not be liable for any damages caused by problems arising from differences in standards and specifications between Japan and the Users’ country.
19.4. The Company may simplify the instructions and manuals for the Products or the use of the Products, assuming that the Users have a certain knowledge of the Products, and the Users agree to this simplification. The Company shall not be liable for any accidents or injuries resulting from the use of the Products due to insufficient understanding of the characteristics of the Products, and the Users shall be responsible for such accidents or injuries. The Users understand that the information on the Company’s website, mobile site, or brochures may be a translation. The Users shall ascertain the accuracy of the information via the Services at their own risk prior to sending a request for quotation.
Article 20 (Transactions with Advertisers)
The Company shall not be liable for any advertisements, links, or PR information displayed on the screens of the Services.
Article 21 (Changes to the Services, Prices and Specifications)
Any or all of the Services may be changed without prior notice to the Users, even during the effective period of the brochure or flyer. The prices or specifications of the Products listed may be subject to change or termination without prior notice to the Users.
Article 22 (Temporary Suspension of the Services)
If any of the following applies, the Company may suspend part or all of the Services without prior notice to Users.
(1) When urgent inspection or update of the Services is required.
(2) When it is difficult to provide the Services due to the circumstances described in Article 19.1.
(3) When the Company needs to temporarily suspend the Services for operational or technical reasons, or when the Company judges that it is difficult to provide the Services due to unforeseen circumstances.
Article 23 (Refusal to Provide the Services)
The Company may unconditionally cancel the provision of the Services even after the Services have been approved if any of the following causes apply or are likely to apply.
(1) The location of the Users cannot be determined.
(2) The Products are deemed not exportable from the country of origin or not importable into Malaysia.
(3) The Users have breached any of the Articles of the Terms of Use.
(4) The Company deems the Users to be unsuitable to be provided with the Services.
Article 24 (Settlement)
In the event of any doubt regarding any matter not defined in this Terms of Use and the Articles contained herein, the Company and the Users shall negotiate in good faith to reach a settlement.
Article 25 (Governing Law)
The laws of Japan shall apply to the enactment, validity, enforcement and interpretation of these Terms of Use. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Article 26 (Jurisdiction)
Any and all disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Japan designated by the Company as the court of first instance.

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about Nihon Denkei Co., Ltd.