Last Updated: 12 August 2019
Please read these Terms and Conditions (hereinafter – the “Terms”) carefully before using the website http://www.wee.com/ (hereinafter – the “Website”), as they affect your obligations and legal rights, including, but not limited to, waivers of rights and limitation of liability. If you want to participate in the upcoming weeNexx AG’s Initial Token Offering (hereinafter – the “ITO”), you should also read these Terms and accept them. If you do not agree with these Terms, you shall not use the Website or buy weeMarketplaceAccess-Token.
1.1 Account – a User’s account on the Website, which is created and used to buy weeMarketplaceAccess Token. A User is given access to an Account upon its successful creation through providing http://www.wee.com/ all the required information. Only authorized Users have a right to buy weeMarketplaceAccess Token on the Terms provided herein.
1.2 Agreement – these Terms and all other operating rules, policies, and procedures that may occasionally be published on the Website (including privacy policy, cookie policy, etc.).
1.3 Bitcoin or BTC – a consensus network that enables a new payment system and a completely digital form of money; the first decentralized peer-to-peer payment network that is powered by its users with no central authority or middlemen.
1.4 Blockchain – type of distributed ledger, comprised of unchangeable, digitally recorded data in packages called blocks.
1.5 weeNexx Initial Token Offering – period until end of Q3 2020, when the User is able to buy weeMarketplaceAccess Token.
1.6 weeMarketplaceAccess Token (WMA)– cryptographic digital utility token, which is a software product (digital resources) created by the Website Owner. weeMarketplaceAccess Token are not securities and shall not be considered as such.
1.7 weePaymentCoin (WPC) – cryptographic digital stable coin based on the Ethereum blockchain and pegged 1:1 to the Euro.
1.8 wee Wallet – a state-of-the-art blockchain wallet that permits users to buy, sell, manage and hold digital coins and assets.
1.9 User – anyone who uses the Website, with or without prior registration and authorization using the Account.
1.10 Website Owner, weeNexx AG – a company that is registered under the laws of Switzerland. In no way shall (company) be deemed a partner, employer or agent for any User or providing any financial services thereto.
2. GENERAL INFORMATION
2.1 These Terms are a legally binding Agreement between you, the User, on the one part, and the Website Owner on the other part, also individually referred to as a “Party” and collectively as the “Parties”.
2.2 These Terms define basic mutual rights and obligations of the Website Owner and the Users, either registered or just visiting certain pages of the Website, during their use of the Website, including but without limitation, for the purpose of buying the weeMarketplaceAccess Token.
2.3 By using the Website, the Users accept these Terms in full and agree to be bound thereby and comply therewith.
2.4 These Terms are effective at the time the Users begin using the Website. The Users may withdraw from their obligation under the Terms at any time by discontinuing the use of the Website.
2.5 The User acknowledges and accepts that:
– these Terms are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at the Website Owner’s sole discretion, by updating this posting at the “Last Updated” section; the User’s continued use of the Website after the amendments etc. shall constitute the User’s consent hereto and acceptance hereof;
– the Website Owner reserves the right, at its own and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website.
2.6 By using this Website, you covenant, represent, and warrant that:
– you are of an age of majority to enter into this Agreement, meet all other eligibility and residency requirements, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein and to abide by and comply herewith;
– you are aware of all the merits, risks and any restrictions associated with cryptocurrencies (their buying and use) and Blockchain-based systems, as well as knowing how to manage them, and you are solely responsible for any evaluations based on such knowledge of yours;
– you have necessary and relevant experience and knowledge to deal with cryptocurrencies and Blockchain-based systems, as well as a full understanding of their framework.
2.7 You shall not use the Website if you are prohibited under the applicable law from using it. In particular, should any limitation or prohibition as to your purchase or use of any amount of the weeMarketplaceAccess Token exist under the applicable law, we persistently recommend you not to use this Website and not to buy weeMarketplaceAccess Token.
3. SALE OF weeMarketplaceAccess Token
3.1 You may purchase the weeMarketplaceAccess-Token within the period of weeNexx AG’s Initial Token Offering set out herein and on different exchanges after that.
3.2 During the ITO, the Website Owner is going to sell allocated weeMarketplaceAccess Tokens. The number of weeMarketplaceAccess Tokens allowed for purchase by one User is limited to a minimum of 50.000 weeMarketplaceAccess Tokens and no maximum amount. The weeMarketplaceAccess Tokens may be issued in other optional ITO/IEO rounds. The weeMarketplaceAccess Tokens are Ethereum-based cryptocurrencies.
3.3 The weeMarketplaceAccess Tokens will provide their holders’ access to the weeNexx’s Ecosystem /(“weeconomy”) (system, not legal entity); however, minimum amounts distinguishing on whether the user is a customer, an offline or an online merchant.
3.4 Any User who wants to buy the weeMarketplaceAccess Tokens shall register an Account on the Website using real name and email address and obtain a wee Wallet. You can only buy the weeMarketplaceAccess Token via your Account. To buy the weeMarketplaceAccess Token, you shall send an amount of FIAT currencies, Bitcoin or other certain Altcoins which is equal to the amount of weeMarketplaceAccess Token that you would like to receive to the wee Wallet address which is specified in your Account.
3.5 The weeMarketplaceAccess Token purchased hereunder may be sold and transferred by the User at any time after the ITO via cryptocurrency exchanges if the weeMarketplaceAccess Tokens are listed in any.
3.6 BY BUYING weeMarketplaceAccess Token THE USER HEREUNDER REPRESENTS AND WARRANTS THAT HIS/HER FUNDS IN NO WAY CAME FROM ILLEGAL OR UNETHICAL SOURCES.
3.7 YOU ARE ONLY ALLOWED TO PURCHASE weeMarketplaceAccess Tokens IF YOU COVENANT, REPRESENT, AND WARRANT THAT YOU ARE NOT A RESIDENT OR HAVE A DOMICILE IN: THE UNITED STATES OF AMERICA, INCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND ANY OTHER POSSESSIONS OF THE UNITED STATES AND YOU ARE NOT A RESIDENT OF A COUTRY WHERE AMERICAN EMBARGOES AND SANCTIONS ARE IN FORCE, NAMELY IRAN, NORTH KOREA, SYRIA, SUDAN, VENEZUELA OR CUBA; PEOPLES REPUBLIC OF CHINA; THE REPUBLIC OF SINGAPORE AND SOCIALIST REPUBLIC OF VIETNAM. IN ORDER TO BUY weeMarketplaceAccess Tokens YOU COVENANT, REPRESENT, AND WARRANT THAT NONE OF THE OWNERS OF THE COMPANY, OF WHICH YOU ARE AN AUTHORIZED OFFICER, ARE U.S. CITIZENS OR PERMANENT RESIDENTS OF THE UNITED STATES, NOR DO THEY HAVE A PRIMARY RESIDENCE OR DOMICILE IN THE UNITED STATES, INCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND ANY OTHER POSSESSIONS OF THE UNITED STATES. SHOULD THIS CHANGE AT ANY TIME, YOU SHALL IMMEDIATELY NOTIFY THE weeNexx AG. THE weeNexx AG SHALL RESERVE THE RIGHT TO REFUSE SELLING weeMarketplaceAccess Tokens TO ANYONE WHO DOES NOT MEET THE NECESSARY CRITERIA FOR THEIR BUYING, AS SET OUT HEREUNDER AND BY THE APPLICABLE LAWS. IN PARTICULAR, THE FOUNDATION MAY REFUSE SELLING weeMarketplaceAccess Tokens TO U.S. CITIZENS, PERMANENT RESIDENTS OF THE UNITED STATES, PEOPLES REPUBLIC OF CHNA, THE REPUBLIC OF SINGAPORE AND THOSE USERS WHO DO NOT MEET ANY CRITERIA SPECIFIED IN CLAUSE 2.6.
4. RISK FACTORS
Acknowledgment and Assumption of Risks.
Buying weeMarketplaceAccess Tokens involves the substantial risk of a total loss and it is not suitable for every investor. The valuation of weeMarketplaceAccess Token may fluctuate, and as a result, participants may lose more than their original investment or the entire investment. Before deciding to participate in the weeNexx AG’s ITO, potential participants must carefully consider their investment objectives, level of experience and risk appetite.You acknowledge and agree that there are risks associated with purchasing weeMarketplaceAccess Tokens, holding weeMarketplaceAccess Tokens, and using weeMarketplaceAccess Tokens, as disclosed in the Whitepaper. BY PURCHASING weeMarketplaceAccess Tokens, YOU EXPRESSLY ACKNOWLEDGE, ACCEPT AND ASSUME THESE RISKS, including but not limited to the risks described below:
4.1 Dependence on computer infrastructure
The weeMarketplaceAccess Token and the weeEcosystem depend on the functioning of the software applications, computer hardware, and the internet. This implies that no assurances can be given that a system failure would not adversely affect the use of the weeMarketplaceAccess Token. Despite the intended implementation of all reasonable network security measures, the processing centre servers are vulnerable to computer viruses, physical or electronic break-ins or other disruptions of a similar nature. Computer viruses, break-ins or other disruptions caused by third parties may result in interruption, delay or suspension of services, which would limit the use of the weeMarketplaceAccessToken.
Smart contract technology is still in its early stages of development, and its application is of an experimental nature. This may carry significant operational, technological, regulatory, reputation and financial risks. Consequently, it cannot be ensured that smart contract to the extent used will properly work or that it contains no flaws, vulnerabilities or issues which could cause technical problems and, thereby causes damages.
The success of the weeMarketplaceAccess Token and the weeEcosystem depends on the development of the wee marketplace in the future. Although more than 500,000 customers and more than 30,000 merchants, retailers and servicers are planned to be registered by the end of 2020, the development of the value of the weeMarketplaceAccess Token depends on the further growth development of the wee customer base and their activities on the wee Marketplace. Only if millions of customers join the wee Marketplace and actively trade and buy goods and services, the weeMarketplaceAccess Token will have a sufficient use case which will drive its value. The weeMarketplaceAccess Token is a utility token, which must be held in certain amounts by everybody who joins the wee marketplace. Therefore, the success of the wee Marketplace drives the value of the weeMarketplaceAccess Token.
However, it is hard to predict whether and to which extent the wee marketplace and thereby the weeMarketplaceAccess Token will penetrate the global markets. Should not millions of customers decide to join the community in order to actively participate in the wee Marketplace, because for example the number of participating merchants, retailers and servicers is limited or the offered products and services are less attractive, the dissemination of the weeMarketplaceAccess Token could turn out to be insufficient, the required penetration of the global market and a substantial market capitalization of the weeMarketplaceAccess Token cannot be achieved. In such case, the value of the weeMarketplaceAccess Token would suffer; also, a total loss cannot be excluded.
Strategic risk is the risk associated with the future business plan and strategies of the Issuer. Improper strategic choices or the actual implementation of strategic decisions, as well as lack of responsiveness to changes in the economic environment, can have a serious and significant impact on prospective financial results. Furthermore, the weeNexx AG’s and the group of companies related to it (weeNexx AG together with the group of companies related to it: “weeGroup”) main strategical decision is to focus on local merchants, retailers and services and provide them with the possibility of the exposure to a huge number of registered users and, thereby, acquire a larger consumer base, which may not have become aware of the business otherwise, and retain it via loyalty incentives. However, it cannot be guaranteed that the connection of local offerors with customers from far off regions and countries will have a positive effect on local businesses. As a consequence, local businesses could be less interested to participate in the wee Marketplace on the long run, which could detrimentally affect the dissemination and the future value of the weeMarketplaceAccess Token.
Closely linked with the strategic risk is the business risk which is the risk associated with the particular business and operating circumstances of the weeGroup and is more within the control of decisions taken by management, but which nevertheless can have a significant impact on operating and business results. The main business risk consists in the weeGroup’s ability to reach a substantial market share and to attract masses of customers and businesses to become a member of the wee Marketplace, which actively use it as platform for continuing sales and purchases. Although the weeGroup’s cashback system has currently and will have substantial advantages, in particular after the introduction of the blockchain and the weeMarketplaceAccess Token and the weePaymentCoin, it cannot be excluded that already larger and better-known providers of loyalty programmes and cashback systems recognise the advantages of the blockchain and introduce a cashback system and an ecosystem similar to that of the weeGroup. These could grow faster and overtake the weeGroup because of their already given global market presence and their stronger financial possibilities. For example, competitors from the US and Asia could also recognise and enter the European market and, consequently, drive the weeGroup out of the market.
Blockchain technology, including but not limited to the issuance of tokens, may be a new concept in some jurisdictions, which may then apply existing laws or introduce new regulations regarding Blockchain technology-based applications, and such regulations may conflict with the current weeMarketplaceAccess Token and weeEcosystem. This may result in the need to make substantial modifications, and the suspension or termination of a part or all of weeMarketplaceAccess Token functions and the weeEcosystem. It cannot be ruled out that services and projects described in this document will have to be adjusted or modified in certain countries because of the regulatory environment. It also cannot be ruled out that some services will be impossible to provide in certain jurisdictions.
Furthermore, the regulatory authorities in some countries might prohibit the sale of the weeMarketplaceAccess Token because they consider the weeMarketplaceAccess Token as a security token, which can be offered only with the prior approval of the competent authorities. In such a case, the regulatory authorities might require the unravelling of the investments in the weeMarketplaceAccess Token. However, the weeNexx AG as issuer of the weeMarketplaceAccess Token might not be able to return the invested amounts to the investor, because it has already made use of the invested amounts. Also, the introduction and use of the weePaymentCoin could be prohibited by governments in the future. Although stable coins are already available in the market, it cannot be excluded that governments might intervene and prohibit such stable coins because they recognise such coins as a legal tender. Since the weePaymentCoin forms an important part of the weeMarketplaceAccess Token ecosystem, the wee marketplace and, therewith, the value development of the weeMarketplaceAccess Token could suffer.
The weeEcosystem comprises the rendering of financial services. Therefore, the weeGroup has a need to obtain and maintain an e-money license. Although the current financial services are rendered by a partner bank in Berlin and the weeGroup is concurrently in the process of obtaining its own e-money license, it cannot be excluded that the partner bank will terminate its business relation with the weeGroup in the future, for example because of a change of its business politics. Should the weeGroup in such a case neither be able to replace it by another bank or another e-money institution nor to obtain its own e-money license, the wee Marketplace would collapse and therewith also the weeMarketplaceAccessToken.
The weeGroup plans to offer further financial services in the future, in particular, but not exclusively, weePaymentCoin-based saving accounts and loans. The rendering of such financial services would require the weeGroup to obtain a banking license. It cannot be excluded that the weeGroup will not be able to obtain a banking license or to acquire a bank which renders the planned financial services in the future.
If the required licenses cannot be acquired or if banking institutions cannot be involved by the weeGroup in order to render the planned financial services, the business model of the weeGroup could collapse. As a consequence, the investment in the weeMarketplaceAccess Token would be lost.
The performances under the weeEcosystem may be interrupted, suspended or delayed due to force majeure circumstances. For the purposes of this Whitepaper, force majeure shall mean extraordinary events and circumstances which could not be prevented and shall include acts of nature, wars, armed conflicts, mass civil disorders, industrial actions, epidemics, lockouts, slowdowns, prolonged shortage or other failures of energy supplies or communication service, acts of municipal, state or federal governmental agencies, other circumstances beyond wee Foundation’s control, which were not in existence at the time of the Whitepaper release.
Personal information received from holders of the weeMarketplaceAccess Token, the information about the number of coins owned, the wallet addresses used, and any other relevant information may be disclosed to law enforcement, government officials, and other third parties when the weeGroup is required to disclose such information by law, subpoena, or court order. The weeGroup shall at no time be held responsible for such information disclosure.
The weeGroup may not reach the target sale amount and may not have sufficient funds to execute its business plan. Furthermore, the weeGroup may not succeed in creating the necessary momentum and acceptance for the weeMarketplaceAccess Token, which may result in low liquidity and depletion of trades. The positions and plans outlined in this Whitepaper may be altered as the project progresses.
Although the wee team believes that its assumptions underlying its forward-looking statements are reasonable, any of these may prove to be inaccurate. As a result, the wee team can offer no assurances that the forward-looking statements contained in this Whitepaper will prove to be accurate.
In light of the significant uncertainties inherent in the forward-looking statements contained herein, the inclusion of such information may not be interpreted as a warranty on the part of the weeGroup or any other entity belonging to the weeEcosystem that the objectives and plans of the weeMarketplaceAccess Token project will be successfully achieved.
Competition may introduce the same or better prediction market solutions and cause the weeGroup to lose market share and eventually fail to deliver on its business goals.
Funds generated by the wee ITO shall be used in compliance with this Whitepaper. In particular, 45% of the funds generated during the ITO shall be used for marketing & sales only. However, it is not ensured that 45% of the generated funds will be sufficient for the marketing of the weeMarketplaceAccess Token. This could mean that less funds raised will be available for the other categories of purposes mentioned in the Whitepaper. Therefore, the goals of the Issuer may not be achieved or only later than planned. Furthermore, for different reasons, the generated funds may not be distributed in accordance with the Whitepaper. The order of as well as the amounts of the distributions may be changed. This may be caused for good reason, but also because of negligence. Also, the misuse of the generated funds cannot be excluded. This may harm the business of the weeGroup, and thereby the value of the weeMarketplaceAccess Token and lead to a total loss of the invested amounts.
Once purchased, the value of the weeMarketplaceAccess Token may significantly fluctuate due to various reasons. For example, the market for WMA can be manipulated by third parties, the change of the market conditions for crypto currencies and be further restricted or prohibited by governments. If such a risk materialises, the investment in the WMA can even lead to a total loss.
There is no guarantee that users can acquire sufficient WMA for their usage within the weeEcosystem and external platforms and neither is there a guarantee that users can cash out their WMA via external platforms. Furthermore, every WMA holder naturally carries the risk of volatile exchange rate fluctuations of the WMA towards both other cryptocurrencies and FIAT money exchange rates.
The weeMarketplaceAccess Token may be significantly influenced by digital currency market trends and the weeMarketplaceAccess Token value may be severely depreciated due to non-weeMarketplaceAccess Token related events in the digital currency markets. Cryptocurrencies’ exchange rate volatility may impact the company’s ability to provide services at the indicated prices. Assumptions with respect to the foregoing involve, among other things, judgments about the future economic, competitive and market conditions and business decisions, most of which are beyond the control of the weeMarketplaceAccess Token team of the weeGroup and are therefore difficult or impossible to accurately predict.
There is a risk that investments in the weeMarketplaceAccess Token lead to a total loss of the invested capital for each of the reasons mentioned above or for any other reason.
Holders of the WMA may be required to pay taxes associated with the transactions contemplated herein. It will be a sole responsibility of WMA holders to comply with the tax laws of the jurisdictions applicable to them and pay all relevant taxes.
5. USER REGISTRATION AND ACCOUNT
5.1 For the purpose of buying weeMarketplaceAccess Token, you will create an individual Account including a login and a password. You warrant that all information you have provided for your Account is current, complete and accurate.
5.2 You hereby expressly consent that you are solely responsible for the use of your login and password and for everything done using your registration details. You agree to keep your login information and password private. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.
5.3 You may deactivate your account at any time and for any reason at your discretion. We may terminate your use of the Website at any time if you violate these Terms, at our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, when we find such measures reasonable and/or necessary in a particular situation.
5.4 You have to agree on the wee Wallet Terms & Conditions
6.1 The pages of the Website may contain links to third-party websites and services. Such links are provided for your convenience, but their presence does not mean that they are recommended by the weeNexx AG. In addition, the weeNexx AG does not guarantee their safety and conformity with any user expectations. Furthermore, we are not responsible for maintaining any materials referenced from another site and make no warranties for that site or this service in such context.
6.2 The weeNexx AG assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources.
7.1 To the extent allowable pursuant to applicable law, the weeNexx AG and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors, and permitted assignees shall be indemnified by the user in cases arising out of a breach of any warranty, representation, or obligation hereunder.
8.1 THIS WEBSITE AND THE weeMarketplaceAccess Token ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE AND BUYING OF ANY AMOUNT OF THE weeMarketplaceAccess Token AND THEIR USE.
8.2 YOU HEREBY EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE WEBSITE OWNER DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT ON THIS WEBSITE, FROM BUYING OF THE weeMarketplaceAccess Token OR THEIR USE BY THE USER, REGARDLESS OF THE BASIS, UPON WHICH THE LIABILITY IS CLAIMED AND EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
8.3 YOU UNDERSTAND AND AGREE THAT THE WEBSITE OWNER SHALL NOT BE HELD LIABLE TO AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION OR RESPONSIBILITY WHATSOEVER FOR ANY CHANGE OF THE VALUE OF THE weeMarketplaceAccess Token OR OTHER ALTCOINS. THE WEBSITE OWNER SHALL NOT PROVIDE THE USER REFUND POSSIBILITIES (PAYOUT LIQUIDITY) FOR PURCHASED weeMarketplaceAccess Token. THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE WEBSITE OWNER SHALL NOT GUARANTY IN ANY WAY THAT THE weeMarketplaceAccess Token MIGHT BE SOLD OR TRANSFERRED DURING OR AFTER THE ITO.
8.4 AT ANY CASE, TOTAL AMOUNT OF OUR AGGREGATE LIABILITY HEREUNDER MAY NOT EXCEED 5 (FIVE) US DOLLARS. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT IT IS YOUR OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO YOUR COUNTRY OF DOMICILE CONCERNING USE OF THIS WEBSITE AND USE AND BUYING OF THE weeMarketplaceAccess Token, AND THAT THE WEBSITE OWNER SHOULD NOT ACCEPT ANY LIABILITY FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THIS WEBSITE AND USE AND BUYING OF THE weeMarketplaceAccess Token. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY APPLICABLE TAXES IMPOSED ON weeMarketplaceAccess Token PURCHASED HEREUNDER.
8.5 THE WEBSITE OWNER DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION ON THE WEBSITE IS ACCURATE OR RELIABLE OR THAT THE WEBSITE WILL BE FREE OF ERRORS OR VIRUSES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE OWNER SHALL NOT BE LIABLE FOR UNINTERPRETED AVAILABILITY OF THE WEBSITE AT ALL TIMES, IN ALL COUNTRIES AND/OR ALL GEOGRAPHIC LOCATIONS, OR AT ANY GIVEN TIME.
9.1 The Website Owner has valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct of selling of the weeMarketplaceAccess Token and its activities generally.
9.2 In no way shall this Agreement entitle the User for any intellectual property of the Website Owner, including the intellectual property rights for the Website and all text, graphics, user interface, visual interface, photographs, trademarks, logos, artwork, and computer code, design, structure, selection, coordination, expression and other content connected to the Website. Arrangement of such content is owned by the weeNexx AG and is protected by the Intellectual Property Rights and fair competition laws.
9.3 There are no implied licenses under the Agreement, and any rights not expressly granted to the User hereunder are reserved by the weeNexx AG.
10.1 All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of Switzerland.
10.2 To resolve any dispute, controversy or claim between them arising out of or relating to this Agreement, or the breach thereof, the Parties agree first to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy or claim to the other Party.
10.3 If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Zurich, Switzerland, under the applicable law, as set out in clause 10.1. hereof
10.4 The User may send any questions regarding the use of the Website, of the weeMarketplaceAccess Token or regarding this Agreement via e-mail to info@wee.com
11. Know Your Customer (KYC)
One of the objectives of the weeNexx AG is to promote a “Know Your Client” policy as a cornerstone principle for its business ethics and practices. This means that all Users or clients must provide the Foundation with information of their true identity, the nature of their business and also the intended purpose of their transactions. All weeNexx AG clients and Users have an obligation to follow these KYC procedures which are mandatory in order to prevent the weeNexx AG from being exposed to Money Laundering.
12.1 Entire Agreement. This Agreement is intended to fully reflect the terms of the original agreement between the Parties. No provision of the Agreement shall be considered waived unless such waiver is in writing and signed by the Party that benefits from the enforcement of such provision. No waiver of any provision in the Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of the Agreement will not in any way affect, limit, or waive a Party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof.
12.2 Assignment. The weeNexx AG may, at its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the weeNexx AG, which the weeNexx AG may withhold at its sole discretion, shall be void.
12.3 Severability. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
