GENERAL TERMS AND CONDITIONS FOR PROVISION OF OUR SERVICES
1.1 These General Terms and Conditions (the “Terms”) set out the duties and responsibilities of both you and WAMCO for the provision and use of our Services and create a legally binding agreement. They govern the provision of waste management and related services by Waste Management Corporation Limited (“WAMCO”, “we”, “us” or “our”), a company wholly owned by the Government of the Republic of Maldives, with its registered office at Ground Floor, Saafu Raajje Building, Boduthakurufaanu Magu, Malé 20386, Republic of Maldives.
1.2 WAMCO was established in 22nd January 2009 and commenced waste management operations on 1 January 2016. WAMCO is mandated to provide waste collection, transfer, treatment and disposal services in the Greater Malé Region and in designated cities, islands and regions of the Maldives, and operates national facilities including the Thilafushi Waste Disposal Site and the Regional Waste Management Facility at R. Vandhoo.
1.3 These Terms, together with the Application Form or booking confirmation, any Service-Specific Terms and the Tariff, form the Agreement between WAMCO and the Customer for the Services. Depending on the Service, you may be subject to specific terms in addition to these Terms; to the extent of any conflict or inconsistency, the Service-Specific Terms prevail over these Terms.
1.4 This Agreement is deemed accepted by you when you: (a) sign (digitally or otherwise) or click to accept these Terms or an Application Form referring to them; (b) apply for, subscribe to or book a Service; (c) start using or paying for a Service, including household collection charged through an integrated utility bill; or (d) continue to use a Service after amended Terms are published under Clause 13 — whichever occurs first. Continued use of a Service after an amendment is evidence of your acceptance of the amended Terms.
1.5 The Services are provided in accordance with Applicable Law, including the Waste Management Act (Law No. 24/2022) and the Waste Management Regulation, as amended from time to time, and any directions issued by a Competent Authority.
1.6 You are responsible for all access to and use of the Services at your premises or under your Account, including use by household members, tenants, employees, agents and Contractors engaged by you, and for any breach of these Terms by them.
1.7 You may contact us through the hotline 1666, by email to [email protected], through WAMCO Online or at our offices and front desks during business hours.
2.1 In these Terms, unless the context requires otherwise, the words and expressions below shall have the following meanings:
- “Account” means the statement or record on which we register the Services provided to you, together with any Charges, credits, deposits and other relevant information;
- “Agreement” means these Terms together with the Customer’s Application Form or booking confirmation, any Service-Specific Terms, the Tariff and any schedules or annexes, and any additional or varied terms that we may Notify you of from time to time, which together form a single agreement between WAMCO and the Customer;
- “Applicable Law” means the laws and regulations of the Republic of Maldives as amended from time to time, including the Waste Management Act (Law No. 24/2022), the Waste Management Regulation and its amendments, applicable environmental protection laws, and any orders, directions or guidelines issued by a Competent Authority;
- “Application Form” means WAMCO’s prescribed application, registration or booking form for a Service, whether completed on paper or electronically through WAMCO Online or any other channel WAMCO makes available;
- “Bill” means any invoice, bill or statement, in digital form or otherwise, issued or made available by us showing Charges or other amounts due or payable for any Service, including amounts billed and collected through an integrated utility bill;
- “Business Day” or “Working Day” means a day (other than a Friday, Saturday or public holiday in the Maldives) on which WAMCO’s offices are open for business;
- “Charges” means all amounts payable for the Services, including subscription fees, per-trip fees, Gate Fees, quotation-based fees, reinstatement, call-out and cancellation fees and any other amounts set out in the Tariff, an Application Form or a quotation, inclusive of GST unless expressly stated otherwise;
- “Collection Point” means the ground-floor or other designated location at or near the Customer’s premises agreed or notified by WAMCO for setting out waste for collection;
- “Competent Authority” means any ministry, regulator, local council or government agency having jurisdiction over waste management, the environment or utility services in the Maldives, including the ministry responsible for environment, the Environmental Regulatory Authority and the Utility Regulatory Authority;
- “Contractor” means any third party engaged by us in connection with the provision of any Service;
- “Customer” (or “you”) means the party with whom we make this Agreement, including any person or entity that applies for, subscribes to, books, uses or receives a Service, occupants of households receiving municipal collection under integrated utility billing arrangements, and any person we reasonably believe is acting with your authority or knowledge;
- “Due Date” means the payment due date stated in the relevant Bill or, if no date is stated, the [30th] day after the date of the Bill;
- “Effective Date” means, for subscription Services, the date on which we accept your application; and, for On-Demand Services and facility use, the date of your booking or first use, whichever comes first;
- “Force Majeure Event” means any event beyond a party’s reasonable control, including severe weather or sea conditions, natural disaster, epidemic or pandemic, fire, flood, act of government, civil disturbance, strike or industrial action, failure of utilities or fuel supply, or restrictions on transport or navigation;
- “Gate Fee” means the Charge payable for waste delivered to a Transfer Station or Waste Management Facility, assessed by registered vehicle tonnage, weight or waste type in accordance with the Tariff;
- “GST” means goods and services tax imposed under the Maldives Goods and Services Tax Act (Law No. 10/2011), as amended, and “Tax” means GST and all other taxes, duties and levies however designated;
- “Notice” or “Notify” means any notice served under Clauses 13.3 to 13.5;
- “On-Demand Service” means a Service provided on a per-trip or per-booking basis, including Haluvi, RasHaluvi, CAPS, CAPS Lite, CAPS C&D, vessel docking and vehicle transfer;
- “Personal Information” means any data relating to you, your Account or your premises which we acquire from you or through your use of the Services, including identity, contact, premises, usage, manifest, financial and billing information;
- “Prohibited Waste” means any waste that WAMCO does not accept under the relevant Service without a special arrangement and prior written approval, including hazardous, chemical, flammable, explosive or radioactive waste; clinical, biomedical or pharmaceutical waste; asbestos; batteries; waste oil and sludge; and any other waste notified by WAMCO or a Competent Authority as restricted;
- “Segregation Guidelines” means WAMCO’s published guidelines on the separation, cleaning, packing and setting out of waste, as described in Clause 5 and amended from time to time;
- “Service” means any of the services described in Clause 4 and Schedule 1 that WAMCO agrees to provide to the Customer, including any changes or additional services we provide to fulfil your request, and “Services” means all of them;
- “Service Area” means the geographic area in which WAMCO offers a particular Service, as published by WAMCO or confirmed at application or booking;
- “Service Commencement Date” means the date on which WAMCO confirms that a requested Service will begin;
- “Service-Specific Terms” means any additional terms and conditions published or notified by WAMCO for a particular Service;
- “Tariff” means WAMCO’s schedule of Charges for the Services, approved by a Competent Authority where so required, as published and amended from time to time;
- “Terms” means these General Terms and Conditions for Provision of Our Services;
- “WAMCO Online” mean WAMCO’s online service portal (wamco.com.mv/online) and related applications and payment channels, including Avas Pay.
2.2 In these Terms, unless the context requires otherwise:
- headings and titles are to facilitate reference only and shall not be relied upon in the construction of any provision;
- the singular includes the plural and vice versa;
- a reference to a person includes individuals, companies, partnerships and other legal entities;
- a reference to any law or regulation is a reference to it as amended, re-enacted or replaced;
- “including” and similar words do not limit the generality of the words that precede them;
- “in writing” includes email, SMS and notifications through WAMCO Online;
- days are calculated as calendar days, with the start day and the end day counted within the calculation, unless expressly stated otherwise; and
- if there is any inconsistency between the documents forming the Agreement, they prevail in the following order: (a) the Application Form or booking confirmation; (b) the Service-Specific Terms; (3) these Terms; and (4) any other document incorporated by reference.
2.3 This Agreement takes effect on the Effective Date and remains in full force and effect until terminated in accordance with these Terms.
3.1 If you wish to apply for our Services, including any special requests related to our Services, you may visit our offices or front desks in person or use any digital means accepted by us for the specific Service, including WAMCO Online, our website or the 1666 hotline.
3.2 By applying for our Services, you represent and warrant that: (a) you are at least 18 years of age with the legal capacity to contract, unless otherwise provided under specific terms applicable to a Service; and (b) if you are applying on behalf of a business, institution or other entity, you are an authorised signatory with the legal authority to bind it. These warranties are repeated each time you make a request or apply for our Services.
3.3 You must provide the supporting documents and information reasonably requested by us at the time of application or from time to time, including your valid Maldivian national identity card (or, for foreign nationals, a valid passport and work permit) and, for business customers, registration and authorisation documents. You confirm that all information provided is true, accurate and complete, and you must notify us of any change (including changes of ownership, tenancy, use of premises, waste volumes or contact details) within [14] days of the change.
3.4 Your usernames, passwords and OTPs for WAMCO Online and other digital accounts are confidential. You must protect them and not disclose them to any third party. Applications, bookings, requests and transactions made through your digital accounts are deemed to be made by you.
3.5 All applications are subject to review and acceptance by us. We have no obligation to provide any Service before we expressly accept your application, and we are not required to take measures beyond our standard practices to verify information you provide. We may reject an application at our discretion for any reasonable cause, including if: (a) you provide incorrect or incomplete information; (b) you have an outstanding balance with us; (c) you fail to meet our criteria or to pay a deposit or advance requested under Clause 6; (d) the Service is not available in your Service Area or providing it would be contrary to Applicable Law or operational capacity; or (e) you fail to meet any reasonable request to complete your application.
3.6 Requested Service begins on the Service Commencement Date confirmed by WAMCO. Where Applicable Law or a government-approved arrangement provides for automatic coverage of households in a Service Area (including collection Charges billed through electricity bills), occupancy of the premises and receipt of the collection service constitute use of the Service under these Terms, and separate registration may not be required.
3.7 On-Demand Services are booked per trip through WAMCO Online or the 1666 hotline. Bookings are confirmed on receipt of payment (or as otherwise stated at booking), are subject to vehicle, vessel and slot availability, and must comply with the packing and set-out requirements for the relevant Service.
3.8 If you request a change to or postponement of any Service which we have agreed or confirmed to provide, you are required to inform us prior to the scheduled delivery.
4.1 WAMCO provides the Services summarized in this Clause 4. Detailed service descriptions, coverage areas, collection schedules and current Charges are published at wamco.com.mv and on WAMCO Online. Not all Services are available in all areas; availability is confirmed at application or booking.
4.2 Collection Services
- Building Plus (Household Collection). Scheduled doorstep collection of segregated household waste from residential buildings in the Greater Malé Region and other serviced regions, with assisted pickup from the designated ground-floor Collection Point on published collection days. For serviced households, the monthly household Charge may be billed through the electricity bill under the government-approved integrated billing arrangement with the relevant utility provider.
- Commercial Waste Collection. Waste collection tailored for offices, shops, restaurants, cafés, supermarkets and other commercial premises, available seven days a week, with collection frequency and volumes agreed at registration and Charges based on declared waste volume or quotation.
- Haluvi. On-demand scheduled collection trips for excess or bulky waste, booked and paid through WAMCO Online, offered in 350 kg, 1.5-tonne and 2-tonne vehicle capacities.
- RasHaluvi. An end-to-end on-demand service under which WAMCO collects waste from the Customer’s location and manages its transport and final disposal, offered in 350 kg, 1.5-tonne and 2-tonne capacities.
- CAPS (Call and Pick-Up Service). An economical on-demand pick-up under which the Customer loads the waste onto the assigned vehicle, offered in 350 kg, 1.5-tonne, 2-tonne and 4-tonne capacities.
- CAPS Lite. A small-item disposal option for up to three individual household items per booking, offered in small, medium and large price bands.
- CAPS C&D. On-demand collection of construction and demolition waste, packed in gunny sacks or as otherwise directed by WAMCO, booked through the 1666 hotline.
4.3 Disposal Services
- Transfer Stations. Self-haul disposal facilities open seven days a week at Malé, Vilimalé and Hulhumalé and at regional stations (including Kulhudhuffushi, Gan, Fonadhoo, Thinadhoo, Hithadhoo, Hulhumeedhoo and Fuvahmulah), with Gate Fees based on registered vehicle tonnage and drop-off bin options for household waste at designated locations.
- Waste Management Facilities. Industrial-scale disposal at the Thilafushi Waste Disposal Site and the Regional Waste Management Facility at R. Vandhoo, subject to completion of a Waste Disposal & Manifest Form and prior approval. The R. Vandhoo facility accepts waste only from approved clientele.
- Expired and Damaged Goods Disposal. Controlled disposal of expired or damaged goods — including pharmaceutical products, non-durable goods, sludge and used waste oil — subject to prior written approval, manifest documentation, and transport arrangements notified to WAMCO before each trip.
4.4 Other Services
- Vessel Docking. Hourly-billed loading and unloading at the docking ramp of the Malé Waste Transfer Station, subject to advance payment and on-site arrangement with designated WAMCO staff, where and when this service is offered.
- Vehicle Transfer. Transport of vehicles within the Greater Malé Region using WAMCO’s landing craft fleet, by advance booking, with Charges based on vehicle category.
- Special Projects. Customised waste management solutions for projects with unique requirements, drawing on WAMCO’s operations across its regions and its vehicle and vessel fleet, provided under individual quotations.
- HOBA. Professional housekeeping and facility-support services for government ministries, State-Owned Enterprises and other institutional clients, provided by trained personnel under separate service agreements.
- Resort Waste Management (Fathuruveshi). Scheduled waste collection from resort docking areas, waste segregation support, safe handling and secure transport to approved regional facilities, together with bi-annual staff training, waste records for audit purposes, sustainability certification support and on-demand collections, provided under separate resort agreements.
4.5 Each summary in this Clause 4 is indicative only. The applicable Service-Specific Terms published schedules, and the Tariff prevail over the summaries in this Clause 4.
6.1 You must pay the Charges for each Service in accordance with the Tariff, the Application Form or the applicable quotation. Subject to Applicable Law, we may determine and impose Charges and revise them from time to time in accordance with Clauses 6.8 and 9. Unless expressly stated otherwise, published Charges are inclusive of GST. Indicative Charges current at the date of this terms and conditions are set out on our website; the published Tariff prevails.
6.2 Monthly bills are payable irrespective of whether you make use of the Service in a billing period. Where a government-approved arrangement applies, household collection Charges in serviced areas are billed and collected through your electricity bill issued by the relevant utility provider (including STELCO); in all other cases we will issue a Bill through WAMCO Online, or other notified channels.
6.3 On-Demand Services and facility Charges: On-Demand Services are payable at booking unless otherwise stated. Gate Fees are payable at the facility at the time of disposal. Vessel docking requires payment in advance.
6.4 Payment channels: Payments may be made through WAMCO Online, Avas Pay, bank transfer, or cash and card counters at our offices and Transfer Stations, or such other channels as we notify. If you pay by direct debit or card instruction, you authorise us to vary the instruction in accordance with the Charges applicable to your Services; we are not responsible for any failure of your bank or card issuer to pay amounts due.
6.5 Due Date: Billed amounts are due by the Due Date, without any set-off, counterclaim, deduction or withholding except as required by law. Failure to receive a Bill does not relieve you of the obligation to pay: if you do not receive an expected Bill you should contact us within [1] month of the usual billing date, failing which the Bill is deemed properly delivered.
6.6 Late payment: If you fail to pay by the Due Date, we may: (a) charge interest on overdue amounts from the Due Date until receipt of payment or termination (whichever comes first) at a rate not exceeding (1)% per month and in any event not exceeding (15)% of the total overdue amount; (b) recover our reasonable costs and expenses incurred in collecting overdue amounts; and (c) suspend or terminate the Services in accordance with Clauses 7 and 8.
6.7 Billing disputes: If you believe a Bill is incorrect, you must log a dispute under Clause 12.2 within (15) days of the date of the Bill and pay all undisputed amounts by the Due Date.
6.8 Credit assessment: We may carry out reasonable credit checks before or during this Agreement and may require a further deposit or advance payment as a condition of commencing or continuing a Service.
6.9 Tariff changes. We may revise the Tariff, subject to any approval required from a Competent Authority. Revisions will be published at wamco.com.mv and, for material increases affecting subscription Services, notified at least [30] days before taking effect where practicable.
7.1 We reserve the right to promptly suspend or restrict a Service, wholly or partly, if:
- you fail to pay any Charges by the Due Date,
- you fail to satisfy us as to your creditworthiness at any point in time;
- you are in breach of these Terms, including repeated failure to segregate waste or the setting out of Prohibited Waste;
- continued provision would create a risk to the health or safety of our personnel, the public or the environment;
- a Force Majeure Event or an emergency prevents or restricts performance, or suspension is needed to provide or safeguard services;
- suspension is necessary for repairs, maintenance, upgrades or operational reasons;
- we are entitled to terminate this Agreement; or
- we are required to do so by a Competent Authority or by Applicable Law.
7.2 We will give you reasonable prior Notice of suspension where practicable. In an emergency, or where required by a Competent Authority, we may suspend without prior notice and will notify you as soon as reasonably possible.
7.3 Where we suspend a Service because of your breach or non-payment, we may decline to restore it until we are satisfied that the circumstances giving rise to the suspension will not recur, all outstanding Charges are paid, any reinstatement in the Tariff is paid, and any further deposit we reasonably require to secure your future liabilities is provided.
7.4 You remain liable for all Charges accrued up to the date of suspension or restriction, unless we decide otherwise.
7.5 Nothing in this Clause 7 limits or waives any other right or remedy available to us, including termination under Clause 8 or rights conferred by any Service-Specific Terms.
8.1 Termination by you before commencement. You may cancel an accepted application before the Service Commencement Date by giving us Notice. We may charge you our reasonable expenses for any work carried out before receiving your Notice.
8.2 Termination by you after commencement. You may terminate a subscription Service by giving at least [30] days’ written Notice through WAMCO Online, the prescribed form or the contact points in Clause 1.7, and you must pay all Charges accrued up to the effective date of termination. On-Demand bookings may be cancelled only in accordance with the cancellation rules stated at booking.
8.3 Termination by us on notice. We may terminate any Service at any time by giving not less than [14] days’ written Notice stating our reasons, without prejudice to any right to suspend or terminate conferred by any Service-Specific Terms.
8.4 Termination by us with immediate effect. We may terminate this Agreement or any Service with immediate effect if:
- you break or continue to break your obligations under this Agreement, or fail to remedy a remediable breach within [14] days of Notice;
- Charges remain unpaid for (60) days or more after the Due Date;
- a Service has been suspended under Clause 7 for more than (60) days;
- you use the Services fraudulently or unlawfully, or repeatedly breach these Terms;
- you become bankrupt or insolvent, are dissolved, die or lack the legal capacity necessary to maintain this Agreement, or cease to occupy the serviced premises;
- in the opinion of a Competent Authority or law enforcement body it is not in the public interest to continue providing the Service, or our mandate or authorisation for the relevant Service Area expires or is revoked;
- we withdraw the relevant Service or exit the relevant Service Area under Clause 9; or
- anything beyond our reasonable control (including a Force Majeure Event) prevents us from providing the Service for more than [60] days.
8.5 Effect of termination. On termination: (a) all Charges due or accruing up to the date of termination become immediately due and payable, including any applicable early-termination amounts; (b) we may transfer any outstanding balance to another active Service or Account associated with your name; (c) you must return, or allow us to collect, any WAMCO equipment in good working condition (fair wear and tear excepted), and we may charge you the cost of repossessing or replacing equipment not returned or returned damaged; and (d) access to account features on WAMCO Online relating to the terminated Service may be withdrawn.
8.6 Where household collection Charges are billed through an integrated utility bill under a government-approved arrangement, your payment obligations continue for so long as the premises remain occupied and within the serviced area, in accordance with that arrangement and Applicable Law.
8.7 Clauses which by their nature should survive termination — including those addressing payment, liability, indemnities, disclosure of information, dispute resolution and governing law — survive termination of this Agreement.
9.1 We will endeavor to maintain consistency in our Services. However, we may from time to time vary collection schedules, frequencies, routes, collection times, facility operating hours, vehicle or vessel types and other operational features of the Services, and we may modify, suspend or withdraw any Service or part or feature of it for administrative, commercial, technical or regulatory reasons or due to matters outside our control.
9.2 Where a change is within our control, we will give you Notice as follows:
- if a change increases the value of your Service without increasing the Charges, we may implement it by giving at least [1] day’s prior Notice;
- if a change reduces the value of your Service or increases the Charges, we will give at least (1) month’s prior Notice; and
- if we discontinue a Service or plan, we will give at least (1) month’s prior Notice and, where available, may migrate you to the closest comparable Service, which may change the Charges or the value of the Service.
9.3 Changes required by Applicable Law, a Competent Authority or an emergency may be made with immediate effect, with Notice given as soon as reasonably possible.
9.4 If you do not agree to a change notified under Clause 9.2, you may terminate the affected Service under Clause 8 before the change takes effect; your continued use of the Service after the effective date is evidence of your acceptance.
10.1 We accept liability for failure to perform our obligations as provided in this Agreement, limited as set out in this Clause 10. We will provide the Services with reasonable skill and care and will use reasonable endeavors to meet published schedules, but we cannot guarantee fault-free or uninterrupted performance. Unless we inform you otherwise, any dates or times specified for the provision of Services are best estimates only, and you are not entitled to refuse a Service solely because of such a delay.
10.2 We are not liable for any failure or delay caused by: (a) your breach of these Terms, including unsegregated or improperly packed waste, inaccessible Collection Points or Prohibited Waste; (b) acts or omissions of third parties outside our control; or (c) a Force Majeure Event. Collection and transport operations depend on weather, sea conditions, traffic and access, and service quality may be affected by factors beyond our reasonable control.
10.3 No advice, recommendation or information given by our employees, agents or Contractors creates any warranty or varies these Terms.
10.4 To the maximum extent permitted by Applicable Law, we are not liable, whether in contract, tort or otherwise, for any loss of profits, revenue, anticipated savings, business, contract, opportunity, goodwill or data, or for any indirect or consequential loss of whatever nature, whether or not foreseeable.
10.5 To the maximum extent permitted by Applicable Law, our total aggregate liability for any event or related series of events is limited to the lesser of: (a) the total Charges for the affected Service during the month in which the liability arises; Nothing in these Terms excludes or restricts our liability for death or personal injury caused by our direct negligence, or any liability which cannot be excluded by law.
10.6 You agree to indemnify, defend and hold us harmless from and against all costs, losses, claims, damages, fines, penalties and expenses (including clean-up costs) of any kind arising from: (a) your breach of these Terms or Applicable Law; (b) Prohibited Waste set out, delivered or concealed by you or on your behalf; (c) inaccurate declarations; (d) damage caused by you to our equipment, vehicles, vessels, facilities or personnel; or (e) claims brought or threatened against us by a third party where you, or anyone using the Services with or without your permission, is at fault.
10.7 Claims must be notified to us in writing within (30) days of the event giving rise to the claim, with reasonable supporting detail.
10.8 Neither party is liable for failure to perform its obligations (other than payment obligations) to the extent caused by a Force Majeure Event. The affected party must notify the other and use reasonable efforts to resume performance. If a Force Majeure Event continues for more than (60) days, either party may terminate the affected Service on written Notice without penalty.
10.9 Each provision of this Clause 10 operates separately. If any provision is found by a court to be unreasonable or inapplicable, the other provisions shall continue to apply.
11.1 We shall not disclose your Personal Information unless such disclosure is permitted or required by legislation or a court order, or is authorised under this Clause 11.
11.2 We collect and hold Personal Information for the purposes of providing and billing the Services, managing Accounts, meeting legal obligations and improving our operations.
11.3 Unless expressly prohibited by legislation, you authorize us to collect, retain, use and disclose your Personal Information to:
- Competent Authorities, law enforcement agencies and courts, where required or permitted by Applicable Law;
- utility providers and billing partners (including STELCO and FENAKA) for the purposes of integrated billing and collection of Charges;
- our associated companies, partners, agents, Contractors, professional advisers, auditors and insurers, to the extent needed to provide or support the Services;
- banks, payment service providers, debt collection agencies and any agency associated with credit referencing or fraud and crime prevention or detection;
- any person we reasonably believe to be acting on your behalf; and
- emergency services, where necessary to protect life, health, property or the environment.
11.4 We will take reasonable measures to keep Personal Information secure, will retain it only as long as needed for the purposes above or as required by Applicable Law, and will correct inaccurate records on request.
11.5 We may use and publish aggregated or anonymized data (including waste volumes and service statistics) that does not identify you.
11.6 You shall not, and shall procure that your agents, employees and representatives do not, use (other than to use the Services) or disclose to any person any non-public information relating to us, our Services, systems, facilities or operations obtained in connection with the Services, except information that is or becomes publicly available otherwise than through a breach of this Clause.
11.7 This Clause 11 survives termination of this Agreement.
12.1 Complaints: You should first raise any complaint or service issue through the 1666 hotline, [email protected], or the complaint and missed-collection facilities on WAMCO Online. We will acknowledge complaints within (2) Business Days and endeavor to resolve them within (15) Business Days.
12.2 Billing disputes: You should check each Bill on receipt. If you believe you have been billed incorrectly, you must log a dispute within (14) days of the date of the relevant Bill; a dispute is deemed registered once we acknowledge it in writing. You must pay all undisputed amounts by the Due Date; failure to do so entitles us to suspend or terminate under Clauses 7 and 8. We will endeavour to review and respond within (15) Working Days of registration, and if we uphold the dispute, we will credit any overpayment, without interest. Decisions on usage-based disputes will be based on our weighbridge, manifest, collection and billing records (and those of any partner billing utility, where applicable), which shall be final and binding absent manifest error. We may at our discretion accept a dispute logged after (1) month.
12.3 Escalation: If a complaint or dispute is not resolved to your satisfaction, you may escalate it in writing to our management through the contact points in Clause 1.7, and we will respond within (15) Business Days of escalation.
12.4 Amicable settlement: The parties must attempt in good faith to resolve any dispute arising out of or in connection with this Agreement through negotiation for at least (14) days before commencing proceedings.
12.5 Jurisdiction: Any dispute not resolved amicably shall be subject to the exclusive jurisdiction of the superior courts of the Republic of Maldives.
12.6 Governing law: This Agreement is governed by and construed in accordance with the laws of the Republic of Maldives.
12.7 During a dispute, both parties will continue to perform their obligations, and you will continue to pay all undisputed Charges.
13.1 Change requests: You may request changes to your Services (including upgrades, downgrades, transfer of the account, or a change of premises) or updates to your contact information, in person at our offices, by telephone, through any digital means accepted by us or by Notice. A request is deemed received once we give written acknowledgement or act on it. We may act on instructions we reasonably believe to be properly authorized and may decline to act where we doubt their authority; you agree to indemnify us against loss arising from action taken on instructions reasonably believed to be authorized. Changes take effect when confirmed by us, may be subject to a minimum period before a further change to the same Service.
13.2 Amendments to these Terms: We reserve the right to amend these Terms and any Service-Specific Terms at our discretion by publishing the amended version at wamco.com.mv, subject to at least (7) days’ prior Notice (or such longer period as a Competent Authority may require). If you do not agree to the amended terms, you must terminate the affected Service under Clause 8 before the amendment takes effect; your continued use of a Service after the effective date is evidence of your acceptance. Any terms agreed specifically with you shall be varied only in writing signed by both parties.
13.3 Notices from us: We may give you Notice by: (a) post, email or SMS to the address or number in your application (as updated by you); (b) notification through your WAMCO Online account; and/or (c) except for a termination notice addressed to you individually, publication through our website, official social media accounts, bill messages, or an official public notice through any medium.
13.4 Notices to us: Any Notice from you concerning this Agreement shall be sent by email to [email protected] or by post to Waste Management Corporation Limited, Ground Floor, Saafu Raajje Building, Boduthakurufaanu Magu, Malé 20386, Republic of Maldives, and is effective on our written acknowledgement of receipt.
13.5 Deemed delivery: A Notice is deemed delivered and effective: (a) (07) days after dispatch, if sent by post; and (b) (24) hours after transmission or publication, for Notices served through any other medium under Clause 13.3. We are not liable if you do not receive a Notice because you failed to update your contact details or for any other reason beyond our control.
13.6 You must keep your contact details up to date. Notices sent to the last details notified to us are validly given.
14.1 Entire agreement: This Agreement constitutes the entire understanding of the parties with respect to its subject matter and supersedes all prior oral or written agreements, understandings and representations relating to it. It is intended that all terms between us are recorded in writing; you should ask for any variation or special term to be recorded in writing.
14.2 Severability: If any provision of these Terms is held illegal or unenforceable, this Agreement shall be revised only to the extent necessary to make the provision legal and enforceable, consistent with the parties’ original intent, and the remaining provisions continue in full force.
14.3 No waiver: A failure or delay by either party to insist on strict performance or to exercise any right or remedy is not a waiver of that or any other right and does not prevent reliance on the same terms at any time thereafter.
14.4 Relationship: The parties are independent contracting parties, and nothing in this Agreement constitutes the parties as principal and agent, partners, joint venturers, or employer and employee.
14.5 Third parties. A person who is not a party to this Agreement has no right to enforce any of its terms.
14.6 Intellectual property: Neither party acquires any right or interest in the other’s name, trademarks, trade names or other proprietary identifying symbols. You must not use WAMCO’s name, logo or other intellectual property, or permit any person to do so, without our prior written consent.
14.7 Monitoring and recording: Your telephone calls (including calls to the 1666 hotline) and other communications with us may be monitored or recorded for the provision of services, training and quality-control purposes.
14.8 Individual claims: To the extent permitted by law, the parties agree that any claim against the other will be made in their own individual capacity and not as a representative or class action, and any rights to such representative actions are waived.
14.9 Language: These Terms may be translated into Dhivehi, but in the event of any inconsistency or uncertainty arising between versions, this English version shall prevail.
14.10 Precedence: Inconsistencies between the documents forming the Agreement are resolved in the order set out in Clause 2.2(h).
14.11 Contact: Waste Management Corporation Limited · Ground Floor, Saafu Raajje Building, Boduthakurufaanu Magu, Malé 20386, Republic of Maldives · Hotline 1666 · [email protected] · www.wamco.com.mv.