I Contractual conditions
The following conditions apply to all contracts between the customer and WeSendit. As customers apply all users who receive a service provision, paid or free of charge, from WeSendit. The application of these Terms and Conditions applies to all current and future services from WeSendit.
II Written form
Deviations from the following conditions must be made in writing.
III Services provided by WeSendit
WeSendit provides to customers a digital infrastructure for data uploading and shipping data.
The use of the services provided by WeSendit is carried out free of charge. The customer has a data volume of 5 Gigabytes (GB) available. The data can be shipped to up to 15 selected recipients.
WeSendit undertakes to transmit the data using an encrypted connection.
WeSendit will confirm to the customer the successful download by a recipient within the meaning of Clause 4a of these Terms and Conditions. WeSendit will make the data available for 7 days from the time when the download takes place. At the end of 7 days, the data will be automatically deleted.
The maximum upload number per user amounts to 3 (three). This maximum number is quoted per day and can be cancelled by the free registration.
II Registration and fee-based usage
There is a registration option available to increase or cancel the limitation of the data volume.
Registration takes place by entering an email address and choosing a password. The password must contain at least six characters
III Customer warranty
The customer bears full responsibility for the content of the data.
Excluded from any upload are the following items – the list is not exhaustive:
IV Warranty, fiduciary duty and business confidentiality
WeSendit guarantees the customer that all data communicated by and through WeSendit will be handled carefully and conscientiously.
Data which is necessary for registration will not be forwarded to third parties by WeSendit.
WeSendit assumes no responsibility for the accuracy, copyright or legality of the information to be transmitted. The list is not exhaustive.
Any liability for a mistaken or failed transmission will not be accepted by WeSendit.
WeSendit makes its digital infrastructure in principle available for twenty four (24) hours. In the absence of a ratio availability of 100 (one hundred) percent no liability will be assumed by WeSendit.
VI voucher - Advertising opportunities at WeSendit
Voucher system - currently available for the following countries: Switzerland.
Vouchers and voucher codes are always offered subject to availability from WeSendit advertising partners. WeSendit has no influence on the number or content of the vouchers. The responsibility lies solely with our advertising partners. We accept no responsibility for the receipt of discounts offered.
Unregistered users who transfer files with WeSendit are awarded vouchers at random. The vouchers which WeSendit offers its users are supplied by advertising partners and divided by the available advertising quota.
Registered users receive vouchers to match their age, sex, and pre-selected interests, and also take part in WeSendit's main draws. The vouchers which WeSendit offers its users are supplied by advertising partners and divided by the available advertising quota.
Vouchers are always sent to users as a PDF attachment to the upload confirmation e-mail, and can be redeemed with the respective advertising partners. Vouchers which are not redeemed will not be refunded to users by WeSendit. WeSendit is excluded from any legal obligations in this regard.
Advertising on WeSendit - more information visit: http://www.wesendit.info/en/advertisting_terms.php
In addition to vouchers, advertising partners have the opportunity to place banner ads with WeSendit. The following options are available when booking an advertising campaign:
Advertising partners can access a statistics section where the following information can be displayed:
VII Disregard of the Terms and Conditions
If the customer disregards these Terms and Conditions WeSendit is entitled to suspend without prior notice the use of WeSendit and to delete the data in communication therewith.
WeSendit expressly reserves the right to take criminal action against customers who violate these Terms and Conditions and to submit claims for the damage incurred.
XIII Severability clause
If any provision of this agreement should be invalid or incomplete or should the fulfilment thereof be impossible, the validity of the remaining parts of the contract will not be affected. WeSendit and the customer undertake in this case to replace immediately the invalid provision with a valid and effective provision which comes closest to the original intention of its contents.
IX Applicable law and jurisdiction
Swiss substantive law will apply exclusively with regard to the contractual relationship between the parties.
For any disputes arising in connection with this contract the appropriate courts of law for the registered office of WeSendit (Switzerland) will have jurisdiction.