These Website Terms of Use (“Website Terms”) govern your access to and use of the public website available at onewave.digital, including its publicly accessible pages, articles, help materials and other publisher content (the “Website”). The Website is operated by The Binary Holdings (Thailand) Company Limited (“TBH”, “we”, “us” or “our”).
By accessing or using the Website, you agree to these Website Terms and the OneWave Website Privacy & Cookie Policy. If you do not agree, you must stop using the Website.
1. Scope of These Website Terms
- 1.1 These Website Terms apply only to the public Website and its publisher content.
- 1.2 OneWave may also make available account-based features, games, videos, subscriptions, loyalty points, rewards, vouchers, marketplaces, campaigns or other services, whether directly or through a telecommunications operator or other partner (“Service Features”). Service Features are governed by the applicable OneWave master service terms, campaign terms, subscription terms, partner terms and any notices displayed when the relevant feature is accessed.
- 1.3 If there is a conflict between these Website Terms and specific terms governing a Service Feature, the specific terms will govern that Service Feature.
2. Use of the Website
- 2.1 You may use the Website for lawful, personal and non-commercial purposes. Access to any account-based, paid or age-restricted Service Feature remains subject to the eligibility requirements stated in the applicable separate terms.
- 2.2 Information provided on the Website is general information about OneWave, its features, content and services. It does not constitute legal, financial, investment or other professional advice.
- 2.3 We may update, correct, remove or change Website content at any time. We do not guarantee that all content will always be complete, current or available in every country.
3. Accounts and Information Submitted Through the Website
- 3.1 Certain Website functions may allow you to submit information, contact us or access an account. You must provide accurate and current information and must not impersonate another person or use information without lawful authority.
- 3.2 You are responsible for protecting any login credentials used to access the Website or a linked Service Feature. You should promptly notify us or the relevant partner if you suspect unauthorised use.
4. Acceptable Use
You must not:
- (a) use the Website for unlawful, fraudulent, abusive, deceptive or harmful activity;
- (b) interfere with the security, integrity, availability or operation of the Website;
- (c) introduce malware or other harmful code;
- (d) scrape, crawl or access the Website through unauthorised automated means;
- (e) attempt to bypass access controls, security measures, robots instructions or technical restrictions;
- (f) reverse engineer or attempt to extract source code except where mandatory law expressly permits it;
- (g) infringe intellectual property, privacy or other rights;
- (h) submit content that is unlawful, defamatory, hateful, discriminatory, sexually exploitative, violent, misleading or otherwise harmful; or
- (i) manipulate Website traffic, advertising impressions, advertising clicks, engagement metrics or reporting.
We may restrict or block access where reasonably necessary to protect users, advertisers, partners, the Website or legal compliance.
5. Advertising and Sponsored Content
- 5.1 The Website may display advertising supplied by Google or other advertising providers. Advertisements and sponsored content should be presented separately from OneWave’s publisher content and do not constitute our endorsement of the advertiser, product or service.
- 5.2 Under the current Website advertising model, merely viewing or clicking an advertisement does not earn BNRY loyalty points, cash, vouchers or any other reward. Rewards available through separate OneWave Service Features are governed by the applicable service or campaign terms.
- 5.3 You must not repeatedly or artificially view or click advertisements, use automated tools or deceptive methods to generate impressions or clicks, encourage others to do so, or otherwise create invalid advertising traffic.
6. Third-Party Content, Links and Services
- 6.1 The Website may contain third-party advertisements, links, embedded content, offers or services. Third parties operate under their own terms and privacy policies.
- 6.2 We do not control and are not responsible for the availability, accuracy, security, pricing, fulfilment, conduct or privacy practices of third-party websites or services. Accessing or transacting with a third party is at your own discretion and subject to your mandatory consumer rights.
7. Intellectual Property
- 7.1 The Website and its software, design, text, graphics, logos, trademarks, databases and other materials are owned by or licensed to TBH and are protected by applicable intellectual property laws.
- 7.2 We grant you a limited, revocable, non-exclusive and non-transferable right to access and use the Website in accordance with these Website Terms.
- 7.3 You may not copy, modify, distribute, sell, license, publicly display, frame, mirror or create derivative works from the Website or its content without prior written permission, except where permitted by mandatory law.
- 7.4 If the Website allows you to submit content, you retain your rights in that content but grant TBH a worldwide, non-exclusive, royalty-free licence to host, reproduce, process and display it only as reasonably necessary to operate, moderate and protect the Website.
8. Privacy and Cookies
Our OneWave Website Privacy & Cookie Policy explains how personal data, cookies, analytics and advertising identifiers are handled in connection with the Website. Additional privacy notices or a partner’s privacy policy may apply when you access a separate Service Feature.
9. Website Availability and Security
- 9.1 The Website is provided on an “as available” basis. Maintenance, network conditions, security incidents, third-party systems or circumstances beyond our reasonable control may affect availability.
- 9.2 We may suspend, restrict, modify or discontinue any part of the Website where reasonably necessary for operational, security, legal or commercial reasons.
- 9.3 No internet service is completely secure or error-free. You are responsible for using appropriate device and account security measures.
10. Disclaimers
- 10.1 To the maximum extent permitted by law, the Website and its content are provided without warranties of uninterrupted availability, error-free operation, merchantability, fitness for a particular purpose or non-infringement.
- 10.2 Nothing in these Website Terms excludes any warranty, remedy, liability or consumer right that cannot lawfully be excluded or limited.
11. Limitation of Liability
- 11.1 To the maximum extent permitted by law, TBH, its affiliates, officers, employees, partners and service providers will not be liable for indirect, incidental, special, punitive or consequential loss, including loss of profits, data, goodwill or business opportunity, arising from use of the Website.
- 11.2 Our total aggregate liability for claims arising solely from use of the public Website will not exceed THB 1,000. This limitation does not apply to liability that cannot be limited under applicable law.
12. Changes to the Website Terms
We may update these Website Terms to reflect changes in law, technology, Website functionality or our business practices. The revised version will be posted with a new effective date. Your continued use of the Website after the revised terms take effect constitutes acceptance where permitted by law.
13. Governing Law and Disputes
These Website Terms are governed by the laws of Thailand, without regard to conflict-of-law principles. The courts of Thailand have jurisdiction over disputes, except where mandatory consumer law gives you the right to bring a claim in another forum. Before starting formal proceedings, you and TBH will use reasonable efforts to resolve the matter through good-faith discussions.
14. General
If any provision is held invalid or unenforceable, the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver. You may not assign your rights under these Website Terms without our consent. We may assign these Website Terms as part of a restructuring, merger, transfer of business or transfer to an affiliate.
15. Contact Us.
The Binary Holdings (Thailand) Company Limited
Company Registration No. 0105567038134
Unit 702-703, 7th Floor, T Place Building
150 Soi Sukhumvit 55 (Thong Lo), Khlong Tan Nuea
Watthana, Bangkok 10110, Thailand
Legal enquiries: legal@thebinaryholdings.com
Customer support: support@thebinaryholdings.com