Terms & Conditions
Introduction
• These Terms and Conditions constitute a legally binding agreement between You as a user and PT Waste Hubs Indonesia (“the Company”, "Wahu”, “We”, “Our” or “Us”).“. The Agreement applies to Your use of the Service (as defined) provided by PT Waste Hubs Indonesia. If You do not agree to the Terms and Conditions please do not use or continue using the Wahu Application (as defined) or the Service (as defined), and/or cancel Your registration as the partner (if You are Partner).
• Wahu is a waste Collection and technology company. To cater to all Your needs, wahu also works with third parties. All content and offers presented by third parties are beyond Our responsibility.
• Wahu is an application You can download for free that offers free services. To create an account and use wahu services, You have to be at least 18 (eighteen) years old. You, as a user, are fully responsible for Your own decisions while accessing services on wahu app.
• By using or visiting Our application/service (“Wahu Application”), You are deemed to have read, understood, accepted, and agreed to these Terms and Conditions. These Terms and Conditions constitute a legal agreement between You and wahu.
General
Wahu is a company established under the laws of the Republic of Indonesia which carries out Waste Collection activities and is the owner of the wahu IT platform and the Wahu Application. “You”, “Your”, "Yourself" refers to Consumer and/or Partner as may be applicable. “Consumer” or “User” or “Collector” means any end-user who accesses or uses the wahu application. “Partner” means an independent third party (not affiliated with the Company) that provides related solutions to Consumers through the Service.
The Wahu Application is a digital application/service in the form of software that provides all household/consumer plastic waste (“Qualified Plastic Waste”) collection and reward services by connecting Users with the closest wahu waste collection center (“Waste Hub”) and rewards them per kilogram of collected plastic waste. At the Waste Hub, staff (“Waste Experts”) will take-in, assess and process the Qualified Plastic Waste. The types of services (“Service”) through the Wahu Application are:
• Collecting and handing in mixed plastic household waste at the Waste Hubs
• Rewarding the Collector per KG of plastic waste, paid out into the preferred e-wallet
• Dashboard to keep track of collections, rewards and types of plastic collected
The Company can work together with certain partners (“Partners”) to deliver certain parts of the Service. A Partner is an independent third party (not affiliated with the Company) that provides related solutions to the User through the Service.
Conditions for using the Wahu Application
1. You represent and warrant that You are an individual who is legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, specifically the Terms and Conditions, to use the Wahu Application and that You are at least 18 years old.
2. If not, We have the right by law to cancel the agreement made with You.
3. You further represent and warrant that You have the right, authority and capacity to use the Wahu Application and comply with the Terms and Conditions
4. If You register on behalf of a legal entity, You also represent and guarantee that You are authorized to enter into and bind the entity to these Terms and Conditions.
5. We collect and process Your personal information, such as Your name, e-mail address and telephone number when You register. You must provide true, accurate and complete information, update the information, and agree to provide Us with any proof of identity if requested.
6. You acknowledge that if Your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and Your use of the Service at any time with or without notice;
7. If any of the personal information You have provided to Us changes, for example, if You change your email address, telephone number, or if You wish to cancel Your account, please update Your details by sending Us Your request to info@wa-hu.com.
8. You must first register Your personal data using Your first name, telephone number and email address before accessing Our Wahu Application Services.
9. Only You can use Your own account and You will not authorize anyone else to use Your identity or use Your account.
10. You cannot hand over or transfer Your account to another party. You must maintain the security and confidentiality of Your account password or any identification We provide to You.
11. In the event of hacking of Your password, in any way, which results in any unauthorized or unauthorized use of Your account or identity, service requests received from such unauthorized use will still be considered valid service requests, unless You tell Us about it before the Partner provides the Service. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security
12. You can only have one account in the Wahu Application.
13. The information provided by the Wahu Application cannot be interpreted as a suggestion or offer, the decision to use Our Service is entirely in Your hands.
14. You acknowledge that You will use the Wahu Application only to obtain the Service. You are not allowed to abuse or use the Wahu Application for fraudulent purposes or to cause inconvenience to others or to make fake service requests.
15. You may not harm, alter or modify the Wahu Application in any way.
16. You will not attempt to commercially exploit any part of the Wahu Application without Our permission, including without limitation modify any of the content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without Our permission;
17. You will maintain confidentiality and will not misuse the information You receive from using the wahu application.
18. You understand and agree that by the use of the Wahu Application You also agree to Our Privacy Policy. By using the Wahu Application, You are deemed to have agreed to the terms based on Our Privacy Policy.
19. By providing information to the wahu application, You declare that You have the right to provide Us with information that We will use to process services.
20. The wahu application can only be used to collect and reward Qualified Plastic Waste. The wahu Application cannot be used for other waste such as but not limited to the following:
a. Any commercial and/or industrial (plastic) waste
b. Any hazardous and/or toxic waste
c. Any non-plastic household waste such as glass, woods or metals
21. Users are required to ensure that the goods they offer at the Waste Hubs are goods that meet the standards in point 18 above.
22. The final decision whether the waste handed in can be categorized as Qualified Plastic Waste is in the hands of the Waste Expert who takes in the goods when the quantity and quality verification is carried out, which is final and cannot be contested.
23. The Waste Expert may ask You to open and confirm the type of waste You hand in at the Smart Waste Hub.
24. The Waste Expert has the right to refuse Your Qualified Plastic Waste if according to the Waste Expert's personal assessment, he may not be able to process the service for certain reasons.
25. You declare that You are the rightful owner of the goods that are offered and managed through the Wahu Application and the managed waste is not stolen or illegally obtained.
26. The wahu Application and/or related Partner have the right to refuse to accept Your service request if We have reasonable reasons to suspect that You have or will violate these Terms and Conditions, or applicable laws and regulations.
27. Based on Our policy, We may provide promotions related to the use of Our Wahu Application. You agree that You will only use the promotion as intended and will not abuse, duplicate, sell or otherwise assign the promotion in any way.
28. You also understand that promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.
29. You acknowledge and understand that the price per KG of Qualified Plastic Waste may change from time to time.
30. You agree and acknowledge that You will be paid according to the type and amount of Qualified Plastic Waste You sell, according to the price specified in Our service system.
31. Please inform Us if You no longer have control over Your account, for example Your account was hacked or Your device was stolen, so that We can cancel Your account accordingly. Please note that You are fully responsible for the use of Your account. You can be held liable even if Your account is misused by someone else.
Payment
1. The use of the Service and Wahu Application is free of charge. Should We charge a fee for using one or more of Our services, We will provide prior information regarding these changes.
2. The internet connection required to use the Service, and any related costs (for example mobile data fees and other devices) incurred by using the Service are Your responsibility and are solely borne by You.
3. Payment by Partners for the waste collection is made through the Wahu Application by verifying the Collector mobile phone number first.
4. The payment to the Collector is processed by the Payment Partners to the selected e-wallet as chosen by the Collector.
Guarantee
1. We do not represent or warrant that:
a. Use of the Service will be safe, timely, uninterrupted or error-free or operate in combination with other hardware.
b. Our services can meet Your needs according to Your expectations
c. Any data stored and presented by Us to users (for the purposes of the service process) will be accurate or reliable.
d. Our application is free from or all components that make up Our application are free from harmful viruses.
2. The Wahu Application, Service as well as the related content are provided to You strictly on an “as is” basis. Al conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
3. You acknowledge and agree that:
a. all risks arising from Your use of the Service remain solely and wholly with You and You will not have the right to claim any compensation from the Company; and
b. the Company makes no representation or warranty of any kind whatsoever, express or implied, in respect of solutions provided by a Partner. You agree that You shall bear all risk arising out of Your use of the Service and any solution provided by the Partner and shall have no recourse to the Company in respect of the same. We do not claim responsibility for any damage, loss of goods, criminal acts or other losses caused by the behavior of Partners during the service process. Partners are third party service providers an not Our employees, agents or representatives.
Our Responsibilities
1. We do not claim responsibility for any damage, loss of goods, criminal acts or other losses caused by the behavior of service providers during the service process.
2. We care about the security and safety of users, We can prove this from the selection of Partners who prioritize user security and safety.
3. We use appropriate and reasonable technical means to keep oOur Wahu Application safe and virus and error free. However, no matter how effective a technology is, no security system is impenetrable. Therefore We cannot guarantee the security of Our database, and We also cannot guarantee that the information You provide will not be disturbed while the Service is in progress.
4. Our Wahu Application may experience limitations, delays, errors and other problems contained in the use of the internet, including the device You are using or the Partners is damaged or has problems, is not connected, is out of range, is turned off or does not work. We are not responsible for delays, failure of a service, damages or losses caused by these problems.
Limitation of Liability
1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against the Company by You shall be limited to the aggregate amount of all amounts actually paid by and/or due from You in utilising the Service during the event giving rise to such claims.
2. You expressly waive and release Us from all claims or damages arising from or in any way related to the Company and/or Wahu Application. The Company is not one of the parties to dispute. Negotiation is between You and the Partners.
3. The Company cannot and will not play any role in managing payments between You and the Partners. The responsibility for every decision You make through the Wahu Application is a responsibility that is completely attached to Yourself. You expressly waive and release Us from any and all liabilities, demands, causes of action, or damages arising from the use of the Wahu Application and Services.
4. The quality of service obtained through the use of this Wahu Application is entirely the responsibility of the Partners who provides the service to You.
5. By using the Wahu Application, You agree that You will defend, indemnify and hold harmless Us, Our licensors, affiliates and each of Our officers, directors, commissioners, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and costs (including attorneys' fees and costs) arising from or in connection with:
a. Your use of the Wahu Application or Services. Your relationship is with Partners, third party providers, advertisers or sponsors;
b. Violation of non-compliance with one of the Terms and Conditions or applicable laws and regulations, whether stated here or not;
c. Your violation of the rights of the Partners;
d. Misuse of this Wahu Application or Service. This obligation to defend and provide compensation will continue even if the the Agreement and Your use of the Services have ended.
Licensing
1. Depending on Your compliance with the Terms and Conditions, We give You a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable permission, namely to access the Wahu Application to use the Services, subject to the terms and conditions of these Terms and Conditions.
2. You may not copy, modify, adapt, translate, create derivative works, distribute, license, sell, transfer, publicly display, reproduce, transmit, transfer, broadcast, decompile or disassemble any part of or in any other way that may exploit this application site, except as permitted in these Terms and Conditions.
3. We have the right to investigate and sue You for any violations to the extent permitted by law. We may involve and cooperate with law enforcement agencies in prosecuting Users who violate these Terms and Conditions.
Intellectual Property Rights
1. PT Waste Hubs Indonesia, including the wahu name and logo, Wahu Application and Services, are protected by trademark, copyright and other intellectual property rights provided under the laws of the Republic of Indonesia. We (and Our licensors, as applicable) exclusively own all right, title and interest in and to the wahu Application, including all related intellectual property rights.
a. The Terms and Conditions do not constitute a sale agreement and do not convey to You any rights of ownership in or related to the Service, the Wahu Application, or any intellectual property rights owned by the Company and/or its licensors. The Company's name, logo, the Service, the Wahu Application and the Partner's logos and product names associated with the Wahu Application are trademarks of the Company or third parties, and no right or license is granted to use them.
2. Based on applicable law and these Terms and Conditions, You are notified that any actual violation of these terms will result in the termination of the Agreement and of all Your rights under these Terms and Conditions.
Termination
1. You are under no obligation to use the Wahu Application and can choose to stop using it at any time by deleting Your account. The Agreement automatically ends when You permanently delete and no longer use/visit Our Wahu Application.
2. We reserve the right to immediately suspend, limit or terminate the Agreement and use of the Wahu Application, for any reason (including if We have good reason to suspect that You have violated the provisions of these Terms and Conditions or the applicable laws and regulations).
3. You and the Company expressly waive the provisions of Article 1266 of the Indonesian Civil Code as far as necessary to terminate this Agreement without prior court decision.
Miscellaneous
1. These Terms and Conditions may be updated and changed from time to time. We will notify You via our application and/or email of updates, and/or changes to the Terms and Conditions. Your continued use of the wahu Application after receipt of this notification constitutes Your agreement and acceptance of updates, and/or changes.
2. You fully understand and agree that this Terms and Conditions constitutes an electronic agreement and Your action of pressing the 'register' button when signing-up an Account or the 'log in' button when logging-in to Your Account is Your active consent to enter into an agreement with Us that this Terms and Conditions and Privacy Notice are legally valid and binding and shall continue so long as You use the Wahu Application or Services. You shall not sue nor object the validity of these Terms and Conditions or the Privacy Notice which are made in the electronic form.
3. You shall not transfer Your rights based on these Terms and Conditions without Our prior written consent. However, We may transfer Our rights based on these Terms and Conditions to any party at any time without prior approval from or advance notice to You.
4. If You do not comply with or violate the provisions of these Terms and Conditions, and We do not take direct action, it does not mean that We waive Our rights to take necessary actions in the future.
5. These Terms and Conditions survive upon the temporary suspension, permanent suspension, deletion of the Wahu Application or expiration of this Agreement between You and Us.
6. Unenforceability of any of the conditions herein will not affect the enforceability of other provisions.
7. We create these Terms and Conditions in the Bahasa Indonesia language and English language. N the event of any differences between both versions, the provision in the English version shall prevail.
8. You acknowledge and agree that this Agreement is not an employment agreement (under labor law, tax law and/or social security perspectives). Therefore, You understand that this Agreement shall not, in any means, be interpreted as an industrial relation between You and the Company.