Version of December 14th, 2020
Company: refers to Digital Hive GmbH CHE-275.777.970, headquartered at Haldenstrasse 65, 8045 Zurich, Switzerland.
Customer Care Contact Form: means one of the services of the Website allowing the User to contact the Company.
Force majeure: means circumstances beyond the reasonable control of the Company, including, but not limited to, natural phenomena, government action, acts of terrorism, demonstrations, fires, explosions, floods, epidemics and pandemics, state measures of lockdown, plant shutdowns, strikes or other labour disputes (whether or not such disputes involve Company employees), accidents, plant breakdowns, impediments or delays by carriers, impossibility or delay in obtaining supplies or appropriate and necessary equipment, seizures, receiverships or other measures taken by or on the order of an apparently competent authority and all other acts which are neither foreseeable nor objectively attributable to the Company.
Intellectual Property Rights: means any copyright, patent, design, database right, trademark right, business secret, trade secret, know-how, or any other proprietary or intellectual property right, whether registered or unregistered.
Personal data: means any information that relates to an identified or identifiable individual. This includes identifiers, such as names, audio-visual media, identification numbers, location data or online identifiers. It may also include elements specific to the physical, physiological, genetic, psychological, economic, cultural or social identity of the person concerned.
Personality rights: means the rights in connection with Articles 28 et seq. of the Swiss Civil Code.
Products: means products derived from Cannabidiol (CBD) offered for sale through the Website, such as, legal cannabis, containing not more than 1% Tetrahydrocannabinol (hereinafter: “THC”), oils, cosmetic and body care products, seeds, dyes and numerous accessories for its consumption.
Terms of Sale: means the Company’s General Terms and Conditions of Sale available on the Website.
Third Party Content: means content from another website or application that is listed on the Website.
Website: means the website owned and operated by the Company at the URL address: https://uweed.ch.
2. LEGAL NOTICES
a. Editor of the Website
Digital Hive GmbH CHE-275.777.970, headquartered at Haldenstrasse 65, 8045 Zurich, Switzerland.
b. Host of the Website
The Host of the Website is WPEngine Inc, 504 Lavaca Street Suite 1000 Austin, Texas 78701, United States of America.
The Website is published and operated by the Company, which can be contacted using the following e-mail address: [email protected] .
4. ACCESS TO THE WEBSITE AND PRODUCTS
The Website is accessible in any place and to any User with Internet access. All costs incurred by the User to access the Website (computer hardware, software, Internet connection, etc.) are at the User’s expense.
The Company takes all reasonable measures to ensure that the Website is accessible at all times. However, it is possible that technical difficulties or maintenance requirements may suspend, remove or make access it difficult to access the Website.
The User undertakes, under penalty of civil and criminal liability, not to use the Website for any purpose other than that indicated by the Company. In particular, the User undertakes not to transmit, by any means whatsoever, any content including programs, codes, viruses or any other process intended to destroy or limit the functionality of the Website.
The User guarantees to have verified that his computer configuration does not contain any virus.
The Company is committed to ensuring that the systems, programs or other matters over which it has influence are in line with the current state of the art in security.
The User is obliged to ensure the security of the systems, programs and data within its sphere of influence. He is solely responsible for the configuration of his computer hardware, programs and computer platforms used to access the Website. It is up to the User to maintain his browser in a state that allows him to use the Website. Technical access to the Website is made through the network provider chosen by the User himself/herself and through the specific software that he/she has obtained from third parties via the Internet. The Company declines all responsibility for this software.
In the event of a breach of the obligations as defined in these Terms of Sale, the Company may immediately block the User’s access to the Website. The Company reserves the right to claim damages.
Your credit card transaction is made at your own risk. The Company shall not be liable for any delay in the bank authorization of your credit card or for any financial damage or loss or loss of Personal Data that may occur in connection with the credit card transaction made through the Website, the SSL protocol or the Payment Provider.
6. USE OF THE WEBSITE AND THE PRODUCTS
The Website offers Users products derived from Cannabidiol (CBD), including but not limited to legal cannabis, oils, cosmetics and body care products, seeds, dyes and numerous accessories for its consumption (the “Products“).
The fees of the Products offered on the Website are indicative and must be confirmed by the Company.
The fees are governed by the Terms of Sale applicable to the contractual relationship between the Company and the User, which are expressly accepted by the User.
c. Prohibited activity
Any User is authorized to use the Website and Products only in accordance with Swiss law and any other law that may apply to him/her. The User is only authorized to make legal use of the Website and the Products and any illegal or inappropriate use is excluded.
By using the Website, the User undertakes in particular not to:
- resell the Products ordered through the Website;
- to proceed to parallel imports of the Products ordered through the Website;
- remove the notices appearing on the Products;
- take control of the Website in any way whatsoever;
- use or attempt to use the Website and/or the Products for any purpose other than strictly personal;
- use or attempt to use the Website and/or the Products in an offensive, abusive or unlawful manner or for an offensive, abusive or unlawful purpose, including committing or facilitating fraud, in particular by publishing or using terms that may be offensive or inappropriate, including but not limited to using the Contact Form;
- solicit or attempt to solicit business and/or sell competing services or products from Users through communications in any form sent or published through the Website and/or Products, including but not limited to the Contact Form;
- transmit or attempt to transmit content protected by copyright without having obtained the express consent of its owner;
- use or attempt to use information made available on the Website for commercial purposes, in particular by reusing or distributing it online;
- use or attempt to use an automated program (including but not limited to a robot, spider (spidering, sniffing, crawling, web scraping etc.) or any other automated means, script or interface to access the Website, its content, databases, Personal Data and/or Products offered on the Website;
- interfere or attempt to interfere with the proper functioning of the Website and/or the Products offered on the Website or the enjoyment thereof by any User, by any means whatsoever, in any manner likely to damage, disable, overload or alter the Site, in particular by hacking or attempting to circumvent the content filtering techniques that the Company reserves the right to use;
- provide any product or service that competes with those offered by the Company through the Website;
- copy, modify, merge, sell, redistribute, assign, transfer the software or source code of the Website, or any part thereof, as well as reverse engineer, decompile, disassemble, translate, decipher or attempt to discover the source code used for the Website;
- infringe or attempt to infringe any Intellectual Property Rights held by the Company;
- access or attempt to access any Service or part of the Website to which the User is not authorized to access, in particular the server on which the Website is hosted or any other server, computer or database connected to the Company’s Products;
- introduce or attempt to introduce viruses, Trojan horses, ransomwares or other malicious or technologically harmful material; and
d. Website Content
The Products offered on the Website do not constitute commercial offers. They may be modified or deleted by the Company without notice.
The User who would like to use the Products offered by the Company is invited to contact it.
e. Third Party content, hypertext links and deep links
The presence of hypertext links on the Website referring to other websites and/or deep links is not a guarantee of the quality of the content of these websites and their proper functioning.
The Company cannot in any way be held responsible for the Third Party Content that it takes up and publishes on its Website. Nor can the Company be held responsible for the hypertext links present on the Website, nor for the content of said links. The User consults the Third Party Content at his or her own risk and under his or her sole responsibility.
The Company may, at any time and without notice, remove any Third Party Content from the Website.
7. INTELLECTUAL PROPERTY RIGHTS
The Company is the exclusive owner of all Intellectual Property Rights in both the structure and content of the Website, as well as the databases it contains. In particular, any element reproduced on the Website, of any nature whatsoever (texts, images, sounds, photos, videos, music, databases, data, software, content, codes, layout, etc.) is protected by Intellectual Property Rights and is the exclusive property of the Company.
Consequently, any reproduction (including by downloading, printing etc.), representation, provision, communication to the public, adaptation, modification, translation, transformation, distribution, integration into another website, commercial exploitation and/or reuse in any way whatsoever of all or part of the elements appearing on the Website is strictly prohibited without the prior written authorization of the Company. Consultation and use of the Website does not confer any intellectual property rights to the User on any element appearing on the Website.
The User undertakes not to reproduce, hack, download, copy, make available, distribute or use in any way the texts, databases, data, codes, images or content of the Website. Any unauthorized use of any of the elements reproduced on the Website (hacking, counterfeiting, illegal downloading, etc.) will give rise to civil and/or criminal legal proceedings and the payment of damages to the Company.
The domain name on which the Website is hosted is the exclusive property of the Company. The User is not authorized to use or adopt a similar name for its own use.
“uWeed” ® is a trademark registered with the Swiss Federal Institute of Intellectual Property. Any reproduction or use is expressly prohibited.
a. By the User
He undertakes not to harm the Company by his use of the Website and/or the Products.
b. By the Company
The User accesses and uses the Website at his or her own exclusive risk.
The Website and its content are provided on an “as is” and “as available” basis. The User waives all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, availability and non-infringement of the Website and/or its content.
All other information available on the Website and/or on the Products and/or on their packaging instructions is provided for information purposes only.
The Company may provide recommendations for the use of the Products according to the conditions specified on the Website and/or on the Products themselves.
The Company does not guarantee that the Products are harmless and/or free of health risks. The User understands and accepts that the Company cannot be held liable for unlawful behavior on the part of third parties, as well as on the part of other Users of the Website.
The Company makes no warranty or representation that (i) the Website and its content will meet the User’s needs or will be accurate, non-hazardous or free of any risk to the User’s health, safety, life (ii) the Website and its content will be available, uninterrupted, timely, secure or error-free, (iii) the search results obtained through the use of the Website will be accurate or reliable, (iv) any errors will be corrected, (v) other Users will comply with their obligations and/or applicable legal provisions.
Any material downloaded or obtained through the use or via the Website is downloaded at the User’s own discretion and risk, and the User is solely responsible for any damage to his or her computer system or loss of data that results from the download of such material.
No information, whether oral or written, obtained by the User from the Company and/or through the Website shall create a warranty or other obligation not expressly stated in these Terms of Sale and the Company disclaims any liability arising from any reliance placed on such materials by any User or by anyone else who may be informed of any part of its content.
The Company does not provide any guarantee as to the accuracy, truthfulness, reliability, timeliness, completeness or durability of the information, in particular relating to the Products appearing on the Site.
All information and indications appearing on the Website may be modified or deleted at any time without prior notice.
The information and indications appearing on the Website do not engage the Company’s responsibility in any way and do not constitute a contractual commitment on the part of the Company. The photographs and other images on the Website are not contractual and do not commit the Company in any way as to their truthfulness and authenticity.
10. RESPONSIBILITY OF THE COMPANY
To the fullest extent permitted by mandatory law, the Company excludes all warranties and liability in connection with the Website and/or the Products. In particular, the Company shall not be liable for any loss or damage of any kind, including loss of income or Personal Data that may have been suffered by any User or any other person, whether through an act or omission of the Company or a third party, unless it can be shown that the Company has committed fraud or serious misconduct.
Under no circumstances may the Company be held liable in the event of impossibility due to a case of Force Majeure.
The Company excludes all warranties and responsibility in connection with the content of the Website. The Website and its content are provided “as is” and “as is” without any express or implied warranty of satisfactory quality, suitability for particular needs, updating, non-infringement, compatibility, security and accuracy.
The Company excludes all liability in the event of unavailability of the Website, its content and/or the Products at any time and for any duration whatsoever. The Company excludes all liability for indirect damages and/or losses, in particular in the event of loss of turnover, lost profits, sales, or revenues, business interruption, loss of anticipated savings, loss of business, loss of customers or damage to reputation.
The Company disclaims all liability for third party content and for any dispute that may arise in connection with such content. The Company declines all responsibility for the content of the websites referred to on the Website. The Website may include advertisements from third parties and the Company assumes no responsibility for the accuracy, completeness and truthfulness of the content of such advertisements or for any offers and services contained therein. These links are not to be considered as an endorsement or sponsorship by the Company.
In all cases, and to the fullest extent permitted by law, the Company, its staff and its affiliates exclude all liability for any claims in connection with Users’ use of the Website.
The Company has the right to suspend or restrict access to all or part of the elements of the Website on a permanent or temporary basis.
The User agrees to indemnify and hold harmless the Company, its affiliates, shareholders, officers, directors, agents, representatives and employees from and against any and all losses, damages, claims, penalties, fines, costs and expenses, including without limitation attorneys’ fees, court costs and internal expenses, that may arise in connection with the subject matter:
- the use of the Website and/or the Products;
- any allegation by a third party that the User’s use of the Website and/or the Products violates any Intellectual Property Rights, Personality Rights or privacy rights of such third party; and/or
- any damage caused in any other way to others.
12. FORCE MAJEURE
The Company shall not be liable for any failure(s) if such failure(s) is beyond its control or is the result of an event of Force Majeure.
13. AVAILABILITY OF THE WEBSITE
The Website is normally available twenty-four (24) hours a day, seven (7) days a week.
However, the Company cannot guarantee permanent availability and cannot be held liable for any interruption, even prolonged, of access to the Website, in particular in the context of network overload or inability to access the Website.
The Company may freely and at its discretion interrupt, suspend or close access to the Website from time to time in order to update it, for an indefinite period of time. Elements of the Website may be out of date at any given time and the Company is under no obligation to update them.
An interruption, suspension or closure of the Website, whether scheduled or unscheduled, may occur, in particular for maintenance needs, network problems, software or security problems, or in the event of Force Majeure. No costs or compensation may be claimed in the event of interruption, suspension or closure of the Website.
14. ASSIGNMENT OF RIGHTS
a. By the User
b. By the Company
15. FULL AGREEMENT AND SEVERABILITY
The Company has the right, without any obligation, to immediately delete and remove any Third Party Content from the Website.
The Company has no control over and will not be responsible for any content that is posted on any website, search engine or social network as a result of sharing or referencing.
Access to the Website does not establish any partnership, simple partnership, representation or agency relationship between the User and the Company.
If the German and/or English versions of this document differ from the French version, only the French version is binding.
18. APPLICABLE LAW AND JURISDICTION