Legal Notices
WESHERPA TERMS AND CONDITIONS
PLEASE READ THE TERMS OF SERVICE CONTAINED IN THIS DOCUMENT CAREFULLY. BY ACCESSING AND/OR USING ANY SERVICE PROVIDED BY WESHERPA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL OF THE FOLLOWING TERMS, AS WELL AS ALL TERMS INCORPORATED HEREIN BY REFERENCE.
1. RIGHTS AND OBLIGATIONS
The following terms and conditions (the "Terms") constitute a binding agreement between WeSherpa, an association established under Articles 60 et seq. of the Swiss Civil Code (CC), with registered office at Via Luvelina 7, 6943 Vezia ("WeSherpa" or "the association"), and the person, persons or entity accessing and using the app or website as a Donor ("Donor", "You", "the User"), Participant ("Participant", "You", "the User") or Donee ("Donee", "You", "the User").
By accessing and/or using the services related to the Platform, the User declares that they have read, understood and accepted all of the following Terms and are legally bound by them, in their most recent version; Furthermore, the User declares and guarantees that: (i) they have reached the legal age to enter into a binding agreement; and (ii) if they represent a company, government organisation or other legal entity, they are entitled, authorised and empowered to enter into these Terms on behalf of that company, government organisation or other legal entity and to bind it legally to these Terms.
Your access to and/or use of the Services is subject to your acceptance of these Terms.
These Terms may be amended at any time. Amendments will take effect 14 (fourteen) days after the amended terms and conditions are posted on the Site, except for amendments relating to new features or made for legal reasons, which will take effect immediately. If you do not accept these amended terms, you should discontinue your use of the Services.
In the event of bankruptcy, insolvency or any other similar event affecting WeSherpa, the Services may not be available. In such a case, WeSherpa will provide reasonable notice to the User.
2. SERVICES
WeSherpa is a non-profit association that provides financial support to people in need and aims to involve as many social actors as possible, with the goal of mobilising the whole of society in the redistribution of financial wealth through donations made via a digital platform.
The WeSherpa system involves three actors: the Donor (debtor of the donation), the Participant (company receiving the donation) and the Donee (beneficiary of the donation), collectively referred to as Users, and better defined below.
The Donor makes a donation on the WeSherpa platform in favour of the Participating company. The Participating company receives the donation directly and makes the amount available to the Donee, who can use the donation (via QR code or similar system) at the Participating company to purchase goods or services offered by the Participant (e.g., making purchases in a supermarket). WeSherpa does not intervene in the transaction and does not act as an intermediary.
Donors access donations through authorisation by partner social organisations, i.e. non-profit organisations appointed by WeSherpa. These organisations are responsible for identifying beneficiaries in need and allowing them to use donations from Participants.
In addition to the operation of the platform and the donation mechanism described above, WeSherpa also carries out complementary activities aimed at achieving its associative purpose, including:
promoting and disseminating the use of the platform among citizens, businesses, organisations and institutions;
encouraging and promoting donations through communication strategies and awareness campaigns;
cooperating with scientific bodies and public and private organisations to refine and develop the proposed financial inclusion model;
maintaining, developing and continuously improving the platform in order to ensure its correct, transparent and accessible use by all stakeholders.
3. USERS
3.1 DONOR
Only persons of legal age are authorised to make donations. By making a donation, the Donor declares that they are of legal age and have legal capacity. WeSherpa has the right to request written proof of your age at any time.
If the Donor represents a company, government organisation or other legal entity, they declare that they have the right, power and authority to enter into these Terms and Conditions on behalf of that company, government organisation or legal entity and to bind it legally to these Terms and Conditions.
3.2 PARTICIPANT
Only companies may be Participants. WeSherpa has the right to request confirmation from the company's management at any time.
The Participating company acknowledges the use of the WeSherpa platform and the payment of a commission equal to X% for each transaction.
To the extent permitted by applicable law, WeSherpa disclaims all liability for activities carried out by a representative who does not have the power to legally bind the company.
3.3 DONEE
Only natural persons of legal age are authorised to receive donations. Access to donations by the Donee is subject to authorisation issued by social partner organisations, specifically appointed by WeSherpa to ensure fairness, transparency and compliance with the association's purposes.
3.4 RESPONSIBLE AND PROHIBITED USE
The User undertakes to use the WeSherpa platform and Services in a legal, ethical and responsible manner. The following are specifically prohibited:
any fraudulent, deceptive or illegal activity;
sending spam, unsolicited messages or unauthorised commercial solicitations;
circumventing the security mechanisms, restrictions or functionality of the platform;
any action that may compromise the proper functioning of the Services or alter the experience of other Users;
the resale, redistribution or commercial exploitation of donations, goods or services received through the platform.
Any violation of these obligations may result in the suspension or termination of access to the Services by WeSherpa, without prejudice to the right to take further legal action.
4. DISCLAIMERS
Users acknowledge and accept that using the WeSherpa platform and participating in the donation system involves risks. These risks may include, without limitation, any losses, inconveniences or unforeseen events arising from the use of the platform or interaction with Donors, Participants or Recipients. By participating in the system, the User voluntarily accepts these risks.
Once made, donations are final and cannot be revoked.
5. INTELLECTUAL PROPERTY
Users acknowledge and accept that the Services are the property of WeSherpa or its licensors and are protected by national and international law, in particular by copyright, trademark and other laws. Unauthorised distribution, copying, deletion or any other violation of WeSherpa's intellectual property rights and copyrights is punishable under civil and criminal law.
6. DATA PROTECTION
In order to provide you with the Services, you acknowledge and agree that WeSherpa may collect, store and process your personal data and/or information. By using the Services, you have read, understood and accepted the terms of WeSherpa's privacy policy, and you acknowledge and agree that WeSherpa may use such data and/or information in accordance with the terms of its personal data protection policy.
7. TERMINATION AND SURVIVING CLAUSES
Unless otherwise agreed in writing, these Terms are effective for an indefinite period. WeSherpa may terminate these Terms or suspend your use of the Services at any time, including, without limitation, in the event of alleged or actual misuse of the Services or any breach of these Terms.
You may terminate these Terms and the Services with WeSherpa at any time. Upon termination of any Service, the following provisions of these Terms shall survive: Intellectual Property, Data Protection, Termination, Limitation of Liability, Indemnification, and Miscellaneous.
8. REPRESENTATIONS AND WARRANTIES
By using the Services, the app and the website, Users acknowledge and agree to the following representations and warranties:
to meet all eligibility criteria set forth in these Terms, including age and legal capacity requirements.
to use the Services and the app/website in accordance with these Terms and all applicable laws, regulations and rules in your jurisdiction.
that activities related to the Services will be carried out for lawful purposes and will not involve fraudulent, deceptive or otherwise prohibited actions
to be solely responsible for any action and/or omission on the Platform in relation to the Services, as well as for any loss and/or damage resulting from such action and/or omission.
9. LIMITATION OF LIABILITY
Under no circumstances shall the association be liable for any loss or damage, including, but not limited to, direct, indirect, special, consequential or punitive damages arising out of or in connection with the use of the Services by the User, whether in a contractual, extra-contractual or other action, regardless of whether such damages were foreseeable and whether or not the Association had been informed of the possibility of such damages.
Without limiting the generality of the foregoing, the Association assumes no responsibility and shall in no event be liable for any financial or other losses or damages arising out of or in connection with the use of the Services, including, but not limited to, those listed below:
Any errors, omissions or malfunctions of the digital platform.
The availability, quality or conformity of the goods offered by Participants.
Any delays or inability to receive or use donations.
Losses or damages arising from the behaviour of Donors, Participants or Donees.
Technical problems related to devices, internet connections or software used by Users.
Any unforeseeable event or event beyond the control of the Association.
To the extent permitted by applicable law, WeSherpa shall not be liable if the goods offered by Participants do not meet expectations, are unavailable or cannot be used as intended. Furthermore, WeSherpa shall not be held liable for any loss or damage arising from the use of QR codes or similar systems used to redeem donations.
The Association's liability is limited to its own assets. Any personal liability of Members for the Association's obligations is expressly excluded.
10. COMPLETE TERMS
These Terms constitute all agreements, contracts, terms and conditions agreed between you and WeSherpa and supersede any prior agreement or contract relating to the subject matter of these Terms, whether written or oral.
11. SEVERABILITY AND WAIVER
Unless expressly stated in these Terms, if any provision of these Terms is held to be wholly or partially invalid or unenforceable, such invalidity or unenforceability shall not affect or invalidate the remaining provisions of these Terms, and the application of such provision shall be made to the extent permitted by applicable law. The failure of WeSherpa to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of WeSherpa's rights to do so.
12. FORCE MAJEURE
WeSherpa shall not be deemed to be in default of these Terms to the extent that the performance of its obligations is delayed or prevented by force majeure, including, but not limited to, wars, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, government regulations, trade embargoes, natural disasters, acts of government, or any other cause beyond WeSherpa's reasonable control.
13. APPLICABLE LAW AND JURISDICTION
These Terms are subject to and governed by Swiss law, excluding Swiss private international law and any international treaties. All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland.