WeSendit General Terms and Conditions

A General

I Contractual conditions

1.

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

2.

Deviations from the following conditions must be made in writing.

III Services provided by WeSendit

3.

WeSendit provides to customers a digital infrastructure for data uploading and shipping data.

4a.

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.

4b.

WeSendit undertakes to transmit the data using an encrypted connection.

4c.

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.

4d.

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

5a.

There is a registration option available to increase or cancel the limitation of the data volume.

5b.

Registration takes place by entering an email address and choosing a password. The password must contain at least six characters

III Customer warranty

6.

The customer bears full responsibility for the content of the data.

7a.

Excluded from any upload are the following items – the list is not exhaustive:

  1. Files for which the legal rights belong to Third Parties and the copyrights of which are infringed by the upload and the download;
  2. Child pornographic content;
  3. Files which glorify violence or are racist in nature;
  4. Directions for committing criminal offences;

IV Warranty, fiduciary duty and business confidentiality

8.

WeSendit guarantees the customer that all data communicated by and through WeSendit will be handled carefully and conscientiously.

9.

Data which is necessary for registration will not be forwarded to third parties by WeSendit.

V Disclaimer

10.

WeSendit assumes no responsibility for the accuracy, copyright or legality of the information to be transmitted. The list is not exhaustive.

11.

Any liability for a mistaken or failed transmission will not be accepted by WeSendit.

12.

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

13.
Voucher system - currently available for the following countries: Switzerland.

14.
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.

15.
Unregistered users:

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.  

16.
Registered users:

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.

17.
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.

18.
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:

  • Number of times the banner should appear (per day, week, month)
  • Length of time the banner should appear
  • Link to a website
  • Supplying an advertising text
  • Targeted marketing - specification of target group, filtering according to users' interests, age, sex, and country of residence.

19.
Advertising partners can access a statistics section where the following information can be displayed:

  • Click statistics
  • Number of times banners have been shown
  • Duration of campaign
  • Status check
  • User details

VII Disregard of the Terms and Conditions

20.

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.

21.

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.

22.

By clicking on the download button and thus activating the download of data onto a personal computer, the recipient of the data confirms to have read the terms & conditions and privacy policy of WeSendit GmbH. WeSendit GmbH reserves the right to inform recipients directly via e-mail about scam e-mails, system changes and new features. As a general rule, the aforementioned e-mails will be sent 3 or 4 times a year.

XIII Severability clause

23.

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

24.

Swiss substantive law will apply exclusively with regard to the contractual relationship between the parties.

25.

For any disputes arising in connection with this contract the appropriate courts of law for the registered office of WeSendit (Switzerland) will have jurisdiction.