GENERAL TERMS OF USE
WeGreen Services. (“WeGreen”, “we”, “our” or “us”) and mobile app (collectively, the “Site”) which provide services and information to you subject to the following terms and conditions (“Terms of Use”). These Terms of Use govern your use of the Site, subscription to our pick-up service and other digital content services, such as mobile device connectivity. Please read these Terms of Use carefully. Your use of the Site signifies your agreement to all legal transactions between WeGreen Services and the customer. Terms and conditions of the customer are excluded. With the order and/or signing of the contract the customer accepts the GTC. The WeGreen Services reserves the right to change the terms of use and conditions at any time. Extensions of existing contracts shall automatically fall under the GTC existing at the time of the extension. Separate terms and conditions may apply to other WeGreen services or business transactions.
Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and WeGreen Services have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.
ELECTRONIC COMMUNICATIONS
When you visit the website or send e-mails, you communicate with us electronically. You can consent to receive communications from us electronically. We may choose to share with you by e-mail, text messaging, or posting notices on the Site. You concur that all the agreements, notices, disclosures, and other communications provide electronically satisfy any legal requirement so that such kinds of communications be in writing.
MOBILE ACCESS & TEXT MESSAGING TERMS
Use of Mobile Devices. If you use a mobile device to access the Site, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to the use of your mobile device to access the Site; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. By accessing or using any Sits via a mobile device, you agree to these Terms of Use and to any applicable terms of a mobile app you may use.
General Terms & Disputes. Without limitation, our text messaging program is subject to these complete Terms of Use, which contain provisions that govern how claims you and WeGreen Services have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.
You are opting out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. For all other help inquiries, please text HELP to the number from which you are currently receiving the Coupon Message.
Your Duties for Your Own Phone Number. You constitute that you are the account bearer for the mobile and telephone number that you provide when registering in our text messaging program. If you change or disable that number, you are answerable for notifying us at +41 41 521 04 74 immediately. Neither we, our vendors, nor any mobile carrier are liable for delayed or delayed messages. You accept to compensate us in full for all claims, expenses, and damages related to or give rise to whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Participation Subject to Termination or Change. We may suspend or end your receipt of automated messages from us if we believe your breach of these Terms of Use. Your acceptance of these messages is also subject matter to end in the event that your mobile telephone service to close or lapses. We set aside the right to modify or discontinue, for short period of time or permanently, all or any part of these messages, with or without notice to you.
PRIVACY
Our Privacy Policy available at https://www.wegreen.ch/privacy-policy/ (Privacy Policy) governs the collection, use, and disclosure of your personal information. Our Privacy Policy is incorporated into these Terms of Use by this reference. By accessing the Site you agree to the practices described in our Privacy Policy.
MINORS
The Site is not calculated for use by anyone under age 16. By accessing, using, and/or submitting information to or through the Site, you represent that you are at least age 16. Anyone between ages thirteen (16) may only use the Site under the supervision of his/her parent or a legal guardian.
USERS AND ACCOUNTS
To use certain website features, there’s a need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, authentic, current, and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and do not share it with others; and (d) notify us if you find your account is hacked or its security breached.
You accept to take responsibility for all activities on or under any account registered to you, and you assume all threats for any unauthorized use of your account. You are answerable for providing the equipment and services that you need to access and use the website. We do not assure that the Site is accessible on any particular equipment or device or with any specific software or service plan.
We give the right, without notice and in our sole discretion at any time, to terminate your right to approach and use the Site or any component of them and to slab or prevent future explosion to and use of the Site and to delete your account and any linked information. Any commitment or liability incurred before we terminate your access to the Site will survive such termination.
PLACING ORDERS; BILLING & PAYMENT
The client’s order is a binding offer between the customer and WeGreen Services. WeGreen Services may accept this offer by sending an order confirmation or an invoice. The order or the offer can also be made electronically by e-mail, via online registration, in writing or by telephone. This shall not give any entitlement to the conclusion of a contract. WeGreen Services AG may reject the contract with a customer without giving reasons. If applicable, a valid revocation of the contract must be made within 14 calendar days after conclusion of the contract in writing by mail or by email to info@wegreen.ch. The period of notice is 60 calendar days to the end of a contract term as stated in the order or in the contract, otherwise the contract is automatically extended by the previous contract term.
EXTENT OF SERVICES
The range of services is set out in the contract and is described in full on the WeGreen Services website. In principle, the subscription includes four or more collections sacks per month. The permitted contents of the sacks are potentially recyclable waste materials, which are published on the Zebas’ website. Due to different requirements of individual municipalities, there may be deviations in the range of services. Individual fractions such as paper, cardboard and small metals may not be recycled in the bags in all municipalities. In other municipalities we are obliged to accept additional fractions such as textiles. Information on whether and to what extent there are special regulations or changes in the service offered by the municipality can be provided at any time upon request. The removal and the transport of waste not explicitly mentioned here must be agreed in advance with WeGreen Services and may be associated with additional costs.
WeGreen Services advises its clients to properly separate their garbage at home and not combine all of their trash and recyclables in one bag or box. IMPORTANT: WE DO NOT COLLECT ANY ZEBA’s blue bags, NOR DO WE COLLECT ANY OTHER TYPE OF HOUSEHOLD WASTE. Please refer to this page to know what we pick-up: https://www.wegreen.ch/abonnement/
The waste materials must be placed in the sacks or containers provided by WeGreen Services. The service provided by WeGreen Services shall begin from the confirmed contract period and shall be deemed to have been provided when the driver has visited the collection address, taken the bags provided and transported directly to local Ökihof (Eco point). If no bags have been provided by the client, the service shall nevertheless be deemed to have been provided. WeGreen Services shall not be liable for any failure to pick-up the WGS bags due to the customer’s failure to change address.
WHERE DO WE COLLECT WEGREEN SERVICES BAGS
The bags must be made available at latest by 8 a.m. on the pick-up day. Unless otherwise agreed with us, our driver will be waiting for your waste bags and other rubbish at the front door on private property, at the front of the mailbox. Please make sure that the bags are NOT placed on public property. If this is not possible for you, you can note this on your registration or contact us at any time and we can collect directly from your home or office.
The day of the pick-up tour will be published on the website and communicated to the customer. In addition, the customer will receive a reminder SMS, which will inform the customer on the previous day of the upcoming collection. Deviations regarding pickup times are reserved.
PRICES AND PAYMENT
The prices of the respective subscriptions can be found on the website and in the documents published by us. We reserve the right to any special offers and price changes; these must be explicitly stated on the contract or order. The usual billing period are 3, 6 or 12 months and must be fully paid before our first pick-up and transport of the client’s waste. In case of unpunctual payment of the invoice, WeGreen services reserves the right to suspend the services until the outstanding debts are paid, without expiration of the claim for the contract period. In case of reminder the customer shall automatically be in default. Possible costs and reminder charges as well as damages caused by default can be charged separately. The invoice processor is Woocommerce and Bexio, which allows the customer to pay the order on account simply and securely. The payment period for payment on invoice is 10 days. For security reasons, the customer’s billing address and delivery address must match. The invoice is sent to the customer separately from the order by BEXIO or WOOCOMMERCE. Payments are to be made directly to WeGreen Services bank account. WeGreen Services reserves the right to assign claims to, TWINT. For invoicing, the general terms and conditions of BEXIO AG shall apply, which can be downloaded from https://cdn.www.bexio.com/assets/content/documents/legal/bexio_agb_DE.pdf
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your account with us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in the cancellation of your order. Prior to accepting an order, we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason, including not limited to inaccuracies or errors in service or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or another payment account) has been impose, we will issue an approval to your credit card (or another applicable payment account) in the amount of the charge. We will try to contact you if all or any portion of your order is canceled or if extra information is required to confirm your order. We may appeal a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be promoted to you; however, your card issuer may lockup this amount for a short time period. Your card issuer establishes the length of time the pre-authorization is detained. We do this to make sure that the card details are still valid and that you have sufficient funds to complete the transaction.
LIMITED USAGE RIGHTS
The Sites are owned by WeGreen Services and licensed to you for your limited use solely to learn about and/or purchase our services. Except as expressly provided in these Terms of Use, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Sites. You may not save or archive a significant portion of the material appearing in or on the Sites. All rights not expressly granted herein are reserved by WeGreen Services.
INTELLECTUAL PROPERTY
Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of WeGreen Services, its affiliates, its third-party licensors, and others. You are not permitted to use any of the Trademarks displayed on the Site, without the prior, express written consent of WeGreen Services, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, Meta tags, or any other “hidden text” utilizing WeGreen Services or its affiliates’ names or Trademarks without the express wrote consent of WeGreen Services, affiliates, or third-party licensors. All rights reserved.
Site Materials. All Trademarks/, and materials displayed on, or hold within the Site, including, but unlimited limited, layout, templates, colour schemes, design, text, editorial data, detailed text, artwork, photographs, illustration, and digital materials, and names (collectively, the “Materials”), are the effects of WeGreen its affiliates or its licensors and are secured by copyright, trademark, patent, and all other applicable intellectual property laws. You acknowledge and assure that the Site and the Materials are the property of WeGreen Services its afflict and licensors/ and that you will not obtain any rights or licenses in any trademarks, patents, copyrights, or other cognitive property on the Site or in the Materials. You may download a version of the Materials for your private, non-commercial use. You may not build or utilize framing techniques to enclose any Materials or Trademarks or other related information (including images, text, page layout, or form) of WeGreen or its affiliates without the express written consent of WeGreen Services.
Any copies that you make of the data must retain all our copyright and other notices. Rather than as expressly provided for in these Terms of Use, you cannot (i) procreate, change, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Site, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the website but not limited to, the Materials; or (iii) create imitative works or in any way exploit any content on the Site, including, unlimited, the Materials. No portion of the content on the website may be stored on a computer excluding for private and non-commercial use. All rights not clearly granted herein are reserved.
PERMISSIBLE USE
You agree that you shall not use the website: (a) to remove, modify, hack or attempt to change or alter any of the data on the Site; (b) for any unlawful purpose; (c) to solicit others to perform or active in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual authority rights or the intellectual property rights of others; (f) to harass, abuse, insult, harsh, defame, slander, disparage, intimidate, gender discrimination based, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit inaccurate or misleading guide; (h) to upload or transmit viruses or any other type of malicious code that can be used in any way that will affect the functionality or operation of our Site, any other websites; (i) to get or track the personal get of others; (j) to spam, phish (email fraud), harm (web traffic redirection fraud), pretext, spider, or scrape; (k) for any non appearance or immoral purpose; or (l) to interact with or circumvent the security terms of our Site, other websites, or the Internet. We reserve the right to end your use of our websites for violating any prohibited uses. We may fully cooperate with any law application agency or authorities/ or court order appealing or directing revelation of the identity of anyone suspected of using the Site for illegal purposes.
YOUR OBLIGATION
By using the Site, you represent and warrant that: (i) you are the age of majority in your place of residence/ and have the power and authority to accept these Terms of Use and to enter into this agreement with WeGreen; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Site; and (iii) you understand and accept the terms, conditions, and risks relating to the use of the content and materials on the Site.
If you are under the age of majority, you may use the Site only with permission and involvement of a parent or guardian. WeGreen Services and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
SUBMITTING OR POSTING CONTENT
The Site may provide you and other users an opportunity to submit, post, display, transmit, and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, or material to us, the Site or others (“Post”; Posting or “Postings”). By Posting, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your post; and the right to sublicense any or all of these rights. You acknowledge that we own all rights, titles and are involved in any kind of compilation, collaborative work, or other concerned work created using or incorporating the post. Please remember that you are ultimately answerable for all of your Postings. You warrant and identify that: (i) the post does not and will not infringe on any copyright or any other third party right nor violate any relevant law or regulation; (ii) you have the right to grant any all necessary rights and licenses given herein, including without any limitation, all necessary, releases, copyright and other relatable rights to the post, free and clear of all asserts and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your post, including, without limit, any photograph you may provide, and your Posts will not be returned to you/ and will not be treated as confidential information.
Postings do not reflect the views of WeGreen Services or its affiliates. We do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content neither of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. At its sole discretion, WeGreen Services reserves the right to remove any Posting from the Site.
NO ENDORSEMENT OF THIRD PARTY SITES
The Site may contain links to or references to third-party websites, resources, and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall WeGreen Services be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. WeGreen Services also is not responsible for the availability of these Third-Party Sites, nor is it responsible for the aesthetics, suitability to taste, subjective quality of informational content, advertising, products, or other data made the approach or by such Third-Party Sites. No endorsement of any third-party content, guide, data, opinions, advice, statements, goods, services/ or products is exposed or implied by any information, material, or content of any third party in, referred to, included on, or linked from or to, the Site. It will help direct any concerns to the respective Third-Party Site administrator or webmaster.
TERMINATION / REMOVAL
The following applies to all completed subscriptions: The completed contract term of the subscription is listed on the contract or is shown on the invoice. The contract periods of the subscriptions are 3, 6, 12, 24, months. 60 days before any end of the chosen term of contract, you can cancel your subscription. You must send us the cancellation in writing by post to WeGreen Services, Chamerstrasse 172, 6300 Zug. Failure to give notice of termination within this period will automatically extend the subscription for a further contract period. Any discounts will only be granted once. If benefits are granted several times, even consecutively, no legal claim arises. If you have any questions about the duration of your subscription, please do not hesitate to contact us by phone at +41 41 521 04 74.
WeGreen Services may, in its sole and absolute discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any of your Postings, communications transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, (iii) any other access or use of the Site except as expressly provided in these Terms of Use, (iv) any violation of these Terms of Use or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, (vi) failure to use the Site or portion thereof on a regular basis, or (vii) submitting Postings that are off topic or not in accordance with the mission or best interest of the Site. Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which WeGreen Services may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to WeGreen Services and its licensors.
RIGHT OF OWNERSHIP
Definition of waste: Article 7 paragraph 6 of the Environmental Protection Act (USG, SR 814) defines waste as follows: “Waste is movable property which the holder disposes of or whose disposal is required in the public interest”.
Disposal monopoly: Article 31b of the Environmental Protection Act (USG, SR 814) defines the disposal monopoly for municipal waste of the cantons in Switzerland. The law obliges waste owners (households and businesses with fewer than 250 employees) to hand over their waste to the collections or collection points designated by the cantons. According to Article 7 of the Environmental Protection Act (USG, SR 814), the disposal of waste also includes its recycling or storage as well as the preliminary stages of collection, transport, temporary storage and treatment.
By taking out a WeGreen’s subscription, the customer confirms that the goods provided for collection are not waste. Rather, they are selected goods from his property which he deliberately hands over to recycling services in order to have them transport to the Eco point / Ökihof and, if necessary, to receive compensation. He has at no time relinquished his title to the goods, nor does he wish to dispose of them as waste in the sense of the USG.
The customer wishes to conclude a contract with WeGreen Services. This contract provides for services for the purchase and collection of systematically defined goods from the deliverer (called the customer) and the transport of the recycled materials to the eco-point (Ökihof) in the canton of Zug on the same day and thus enable the greatest possible proportion to be recycled into reusable materials. The customer is charged a flat-rate service fee for this. Any proceeds from the recycling are offset. The quantity of bags is checked periodically, and the service fee is adjusted if necessary. When the goods provided are collected by WeGreen Services, they become the property of WeGreen Services. WeGreen Services is not responsible for any damage to the contents of the bag and/or the recyclables.
DISCLAIMER OF WARRANTIES
WeGreen Services rejects any liability claims for direct and indirect damages, which arise from or in connection with the service or services beyond it. WeGreen Services and its affiliates attempt to be as accurate as possible. However, WeGreen does not warrant that descriptions of services or other content on the Site are accurate, complete, reliable, current, or error-free. Neither WeGreen Services nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
THE SITE IS PROVIDED BY WEGREEN SERVICES AND ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WEGREEN SERVICES, ITS AFFILIATES, AND ITS LICENSORS/ MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WEGREEN SERVICES AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM WEGREEN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WEGREEN SERVICES, ITS AFFILIATES, AND EACH OF THEIR LICENSORS/ ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WEGREEN SERVICES AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS/ OR TO WITHDRAW OR DELETE ANY CONTENT/ IN ANY PORTION OF THE SITES AT ANY TIME WITHOUT NOTICE.
WEGREEN SERVICES AND ITS AFFILIATES MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. WEGREEN SERVICES AND ITS AFFILIAITES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION / MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL WEGREEN SERVICES, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITE, WEGREEN SERVICES’ REMOVAL OR DELETION OF ANY MATERIALS ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WEGREEN SERVICES OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WEGREEN SERVICES, ITS AFFILIATES, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
INDEMNIFICATION
You agree to indemnify, defend and hold WeGreen Services and its affiliates/ and their respective officers, directors, owners, employees, agents, information providers, and licensors (collectively the “Indemnified Parties,” or individually, “Indemnified Parties”) harmless from and against any all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms of Use. WeGreen Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WeGreen Services’ defense of such claim. WeGreen Services and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Site.
RELEASE
All users of our Site acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from all liability from third-party claims made in connection with the Site, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket, and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. WeGreen Services reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Site.
LIMITATIONS ON ACTIONS
You agree that any claim or cause of action arising out of your use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by WeGreen Services or its affiliates to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
MISCELLANEOUS
Please review other policies posted on the Sites. These policies also govern your visit to the Sites. If any provision of these Terms of Use shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof/ and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
UPDATES/CHANGES
We reserve the right to amend these Terms of Use/ and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail, or any other means; provided, however, that any changes will not apply retroactively to any dispute arising prior to the time of the change. You agree to the new posted Terms of Use by continuing your use of the Site. You agree to review these Terms of Use periodically, and your continued use of the Site following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using the Site.
CONTACT WEGREEN SERVICES
If you have any questions regarding these Terms of Use, you can contact us by e-mail at info@wegreen.ch or by mail at WeGreen Services, attention: WeGreen Services, Chamerstrasse 172, 6300Zug.
Last updated on Mai 18, 2021.
