These Terms and Conditions govern the service provided by Wastly S.r.l. (Wastly), a company whose registered office is in Cagliari (Italy), via Robert Koch, n. 15, recorded in the Cagliari Company’s Registration Office REA n.285990, VAT n. 03630950925, email firstname.lastname@example.org, Certified Electronic Mail: email@example.com, tel. 0707538406. through its online platform available at wastly.com (Website), Wastly offers a unique and innovative service to all Circular Economy operators who intend to sell or purchase Secondary Raw Materials deriving from the recovery and recycling of waste, in a simple, quick, geo-referenced and certified manner.
Users must accept Wastly’s Terms and Conditions when they Register on the Platform.
Wastly reserves the right to amend these Terms and Conditions either totally or partially at any time providing notice only if the modality of Service use should vary. Users are required to periodically visit the Website and, if deemed necessary, they have the right to withdraw from the Service within 30 days of notification of the proposed amendments.
In these Terms and Conditions, the following words will bear the meanings assigned to them hereunder:
ACCOUNT: reserved area of the Website, only accessible to Users through login credentials;
ADVERTISEMENT: advertisement placed by users to sell secondary raw materials;
AGREEMENT: these Terms and Conditions;
DATABASE: a collection of data and information concerning the Users;
LOGIN CREDENTIALS: User ID and Password to access the Account;
SECONDARY RAW MATERIALS (SRMs): materials deriving from waste recycling;
PLATFORM: online Platform owned by Wastly that allows the provision of the Service;
SERVICE: the Service provided by Wastly through its Platform that allows SRMs Sellers to place Advertisements related to materials and that allows buyers to check those ads and get in touch with the former;
USER: any natural or legal person who, for their own private and/or professional and/or business purposes, registers on the Platform in order to benefit from the Service;
WASTLY: the database supplier as well as the provider and the administrative and accounting manager of the Service.
REGISTRATION AND ACTIVATION
The User may decide to Register for the Service in order to take advantage of its features.
Upon Registration, the User shall enter all the data and documents requested.
The data and documents entered upon Registration are saved until the latter is confirmed.
The User shall wait for Wastly to complete its checks on authorizations and certifications, i.e. the regular enrolment in the Italian Register of Environmental Operators for carriers and mediators, authorizations of various kind for plants: “AUA”, “Autorizzazione Unica”, “AIA”, “Procedura semplificata”.
If the outcome of such checks is positive, the User shall receive an Account Activation notification. If an integration of documents is necessary, the User shall be notified a request for integration. If Wastly deems the User ineligible for Registration, such User shall receive a Failed Account Activation notification.
The User ID and Password are personal to the User, and only he/she shall use them.
The User is solely responsible for strictly protecting the secrecy of his/her User Id and Password. The User must not disclosure his/her User ID and Password to a third party. The User shall be held fully responsible for any damages caused to Wastly or to other third parties linked to Wastly resulting from any unauthorized access or use of the User ID and/or Password.
In the event of loss or theft of User ID and Password, the User may reset his/her Login Credentials through the Password Reset procedure.
Data must be provided by the User and they must be true and accurate. The User shall be held responsible in the event of any fraudulent statements, and in case of fabrication and/or use of false documents pursuant to the Italian Law art. 46, D.P.R. 445 of 28th December 2000. The User will attest the accuracy of the data provided.
The User declares and guarantees that all the information provided upon Registration is true, complete and accurate. The User also undertakes to keep such information accurate and to immediately communicate any variation.
Wastly shall not be in any case liable for the inaccuracy of the data and information provided by the User under his/her sole responsibility.
All the aforementioned obligations have the aim of protecting the security of the Service provided to the User and ensure his/her interests are looked after.
The User must use the Platform within the limits permitted by applicable law and by these Terms and Conditions, in compliance with the principles of good faith and correctness.
AVAILABILITY OF THE SERVICE
The Service provided by Wastly is available 365 days a year, 27/7.
Any closure of the Website for maintenance and/or update will be notified to the User at least one day in advance with the approximate indication of the duration of such maintenance
Wastly provides the User with the use of the Platform and its features. Therefore, Wastly undertakes to ensure the User access to the Service, guaranteeing the best possible efficiency.
Wastly undertakes to provide the Service through the correct acquisition and management of information, making such information constantly available, and limiting outages, suspensions, disruptions and technical problems as much as possible. However, due to the nature of the internet, the absence of outages and of errors cannot be guaranteed.
Wastly cannot be held responsible or be the recipient of claims ascribable to errors/omissions and/or inaccuracies, nor can Wastly be held responsible for any direct, indirect, incidental and/or consequential damages caused by the use of the provided information/documents within the limits set forth by art. 1229 of the Italian Civil Code.
Wastly does not offer any guarantees about the results obtained through the use of the Service and cannot be held responsible for loss of profit that may occur to the User or third parties.
Wastly shall not be liable for the temporary absence, loss or suspension of the qualifications required by law for operators, specifying that each User is obliged to notify the suspensions of authorizations, registrations or the loss of any requirements within 24 hours of their occurrence via certified email.
Wastly is not involved or responsible for any communications between Users within the Platform, nor is responsible for any negotiation that might take place between Users.
Wastly is not responsible for any disruption due to force majeure or to any other cause which is not directly attributable to its own fault.
In such cases, the Database will be updated as soon as possible, without this in any case leading to the User having any right to compensation or indemnity.
Wastly is not responsible for any issues during the use of the Service that depend on the incorrect transmission and/or poor reception of the signal due to Internet traffic or caused by the malfunctioning of any tools used by the User.
The search Service is provided in an “AS-IS” basis.
Wastly makes no warranties about the reliability and performance of the search Service.
Wastly does not explicitly acknowledge any guarantees of suitability for a particular purpose.
Except in the case of willful misconduct or gross negligence, and without prejudice to the duties of diligence, Wastly is exempted from liability for any damages of any kind suffered by the User during or as a result of the use of the Service.
Wastly is exempted, within the limits of applicable law, from liability for any damages caused by third parties to themselves and/or to the User and/or others using information derived from the Database.
Wastly cannot be held responsible for any disruptions and for any damages suffered by the User and due to force majeure causes, including, but not limited to, strike, fire, flood, authority measures which directly or indirectly affecting the Service object of this Agreement.
All responsibilities remain with the Users pursuant to Legislative Decree no. 152/06 and, for this reason, Wastly cannot in any way replace the Users in the control they must carry out with full responsibility.
OBLIGATIONS, LIABILITIES AND LIMITATIONS
This Agreement, the rights and obligations deriving from it, cannot be transferred to third parties, in whole or in part, without the explicit consent of Wastly.
The User is strictly forbidden to transfer to third parties any material provided by Wastly and/or to copy it without the explicit consent of Wastly.
The User undertakes not to disclose the Login Credentials provided upon Registration to third parties. Otherwise, the User shall be solely liable for not keeping the custody of his/her Login Credentials and for any unauthorized use by third parties.
Wastly reserves the right to suspend the Service in the event any unauthorized use of the Login Credentials is and/or any other information available is detected.
The User is strictly forbidden to enter false data in any communications sent to Wastly; personal information and contacts provided by the User, either natural or legal person, must be true and correct.
Any violation of this clause will entail the termination of this Agreement pursuant to article no. 1456 of the Italian Civil Code, as well as Wastly’s right to seek compensation for any damages suffered as a consequence of any harm to its image and reputation.
The documents uploaded upon Registration, or requested by Wastly at a later time, cannot be considered as substitutes for certifications or official authorizations, which can only be obtained from official and institutional sources.
Wastly is not liable for any information obtained by the User through his/her search service concerning advertised services or products or regarding services or products received through other websites, promoted in published articles and identified by the search service.
The User agrees to download and/or use documents and information of other Users not deriving from Wastly’s domain at his/her sole risk and discretion as well as to assume any and all responsibilities and liabilities for any damages caused to the system or for the loss of data resulting from the download or use of such documents or information.
Such limitations apply to any damages resulting from the use of services or products acquired from sites other than Wastly, using links provided by such services as well as information or advice received from various sites found through another search service; to the loss of data and profits; to the performance or lack of performance of the Database service or to any other information or goods displayed using the Database service or connected in any way to it.
The User declares to be aware that the information contained in the Database is the result of factors that do not constitute inconvertibly fixed values.
The User declares to exonerate Wastly from any claims for damages that might be made by third parties concerning the aforementioned causes.
Therefore, the User shall be solely liable, civilly and criminally, for any damages that may arise to third parties and, in particular, to the person, either natural or legal, who is the object of the information provided and disclosed, directly or indirectly, by any means.
The User acknowledges that Wastly undertakes to diligently manage the compilation, the update and the running of the Database.
The information update times shall never be considered essential in the use of the Service.
DURATION, TERMINATION, DISSOLUTION OF THE AGREEMENT
The validity period of the Account is 12 months from activation, subject to automatic renewal.
Wastly has the right not to accept a Registration on the Platform due to lack of requirements from the User, who, upon request, has not provided any necessary integrations.
Wastly has the right to terminate this Agreement at any time and for any reasons by giving written notice to the User.
The obligations assumed by the customer in accordance with this Terms and Conditions are essential so that, by express agreement, the default on only one of such obligations shall determine the termination of this Agreement, without the need for judicial ruling, without prejudice to Wastly to take legal actions for compensation of further damages.
CANCELLATION OF USER ACCOUNT
The User, using the specific feature on the Platform or by other suggested means, has the right to permanently delete his/her Account. In this case, the User will not be able to recover any data or information concerning the Account. Wastly shall have the right to keep such data and information in its system with the purpose of protecting Wastly’s rights.
Upon cancellation of the Account, any quotes already sent or offers posted in the Marketplace shall not be cancelled.
The cancellation of the account shall not constitute grounds for the withdrawal from the subscription of the Terms and Conditions of Sales and of the Terms and Conditions of Purchase unless the Seller has accepted the offer.
The User shall be obliged, in any case, to execute the transactions already booked at the time of the cancellation of the Account but not yet closed. The User shall also be obliged to guarantee obligations regarding the completed transactions.
ACCESS TO THE INTERNET
The User must handle independently and at his/her own expense the access to the Website though his/her own telecommunications and internet provider.
Wastly shall not be liable for any failed or faulty acquisition of the transmitted data caused by the incorrect transmission and/or poor reception of the signal due to Internet traffic or to time or cost limitation imposed by the provider.
Such events shall not constitute grounds for the termination of this Agreement and shall not give the User any rights to claim compensation and/or reimbursement.
The User is required to check the compatibility of his/her system with the Service offered and the related methods for its provision.
FREE PROVISION OF THE SERVICE
The Service provided by Wastly is free of charges for a period of one year (12 months) from the date of activation of the Account.
Such free provision of the Service might be changed in the future, subject to notification and acceptance by the User.
The User acknowledges that all industrial and intellectual property rights concerning the contents of the Website and of the Platform are owned by Wastly or by third parties.
The contents included on the Website or made available by the Service provided by Wastly consist of, but they are not limited to, texts, logos, graphics, icons, images, audio files, digital download, data collections and software and they are owned by Wastly and/or its content providers.
It is forbidden to extract and/or reuse parts of the Services without Wastly’s explicit consent.
The User is forbidden to create his/her own database reproducing substantial parts of the Platform (e.g. prices, offers, lists of Secondary Raw Materials), without Wastly’s explicit consent.
Any information shared between Wastly and the Users is classified as confidential. Such information, therefore, cannot be disclosed to third parties unless it is already in the public domain and with the exception of its transmission to the credit institution that Wastly uses to manage the payments linked to the transactions, and the information contained in the Registration section in accordance with the AntiMoney Laundering legislation. The User expressly agrees that the aforementioned information is transmitted to the credit institution supporting Wastly.
Wastly undertakes not to disclose the identity of the subscribers unless requested by Public Authorities, Tax Authorities, Public Forces, Statistical Bodies and so on and unless to any collaborators, consultants or other figures should this be proved necessary for the functioning of the Platform and/or the execution of Transactions, including the credit institution supporting Wastly in the management of payments, provided that such third parties are bound by a confidentiality agreement.
Wastly guarantees to act in compliance with Legislative Decree no. 196 of the 30th June 2003 (Data Protection Code) and subsequent amendments and additions and in compliance with European Regulation no. 2016/679 (General Data Protection Regulation, GDPR) concerning the protection of natural persons.
GOVERNING LAW AND JURISDICTION
All matters regarding the application, execution, interpretation and breach of these Terms and Conditions and any disputes which may arise between the parties related or connected to the validity, interpretation, execution or termination of this Agreement shall be deferred to the judgement of an Arbitration Board composed of three arbitrators appointed pursuant to art. 810 of the Italian Civil Procedure Code. The President of the Board shall be appointed by mutual agreement between two arbitrators, appointed in accordance with the aforementioned article, within 20 days of the appointment of the second arbitrator and, in case no agreement is reached within the aforementioned terms, by the Presiding Judge of the Court of Cagliari upon petition by the more diligent part.
The arbitrators shall rule according to law; they must comply with the regulations laid out in articles 806 et seq. of the Italian Civil Procedure Code; they shall also have jurisdiction on the validity of this clause and shall render an award within 90 days of the date of acceptance of the third arbitrator.
The seat of the Arbitration Board shall be in Cagliari.
ACCEPTANCE OF TERMS AND SERVICE ACTIVATION
Pursuant to and for the purposes of articles no. 1342 and 1370 of the Italian Civil Code, the User declares to have read and agree to the Terms and Conditions of Wastly.
The User declares that the data entered upon Registration are real and that, by accepting each clause of these Terms and Conditions, he/she is asking for Service activation.
The User undertakes to print this Agreement on paper or to keep it on a durable medium.