Terms of use cinfo

Date of issuance: August 18, 2021

Welcome to our website! 

The website www.cinfo.ch (hereinafter: the “Website”) is owned and operated by the Foundations cinfo, based in 2503 Biel, and who can be reached by the email address info@cinfo.ch. (hereinafter: the “Foundation” or “We”). The Website is available directly on Internet at www.cinfo.ch and may also be available through other addresses or channels.

1. Description of the Website

The Website may offer different services, from the information on and application to job opportunities (cinfoPoste) to coaching, training, general information on working in international cooperation and a Community platform. 

1.1 cinfoPoste
cinfoPoste aims to inform individuals who are interested in international cooperation (hereinafter: “Candidates”), on opportunities in this realm, match them with relevant positions and connect them with registered organisations (hereinafter: “Organisations”) (hereinafter together: “User(s)” or “you”). 
The Foundation gives the Candidates the possibility to present themselves through a personal profile on the Website, usually with the objective of applying for a job (hereinafter: the “Personal profile”). The Candidates may in particular identify through the Website Organisations that could be interested in their profile, find job openings that correspond to their personal characteristics and connect with Organisations. Moreover, the Foundation can contact the Candidates to make them aware of specific job offers. 
The Foundation gives the Organisations the possibility to create a business page on the Website, on which it can present itself and offer job opportunities (hereinafter: the “Business page”). The creation of a Business page is free. To be able to benefit from the various services offered by the Website (such as post vacant positions, delegate part of the recruitment procedure to the Foundation or benefit from tests to be accomplished by the Candidates), the Organisation may have to pay. When registering an organisation becomes a basic user and buy single credits from the wallet in its personal area to publish one or more job ads (pay-per-use). An organization may also choose to buy and activate a subscription in its personal area.  
The recruitment procedure may either be managed directly by the Organisations or by the Foundation if the latter mandated it. The Foundation will not send application files to Organisations without the Candidates’ request or consent. 

1.2 Community platform
The Community platform for Organisations is a one-stop-shop for Organisations to manage their cinfo membership, to engage with the cinfo community and to look for, comment or share relevant content. It offers member only content.

1.3 Registration for a Coaching
Coaching services allow to address questions and expectations of users on an individual basis. To register for these services, the User must communicate the following data: name, email address, contact details and some information about his/her professional background including a CV, employer, level of experience, education, current position or a brief motivational statement. 

1.4 Registration for a Training
Training such as the reflection day or job application support are organized internally at cinfo. To register, the User must communicate the following data: name, email address, contact details and some information about his/her professional background including employer, level of experience, education, current position or a brief motivational statement. 

2. Acceptance of the Terms of Use

The following Terms of Use set out the legal terms and conditions on which the Foundation allows you to access and use the Website (whether as a registered user or as a visitor, in both cases as User). By accessing, browsing or otherwise using the Website, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them and to comply with all applicable laws and regulations. You warrant that you have the legal capacity to enter into these Terms of Use. If you do not agree with these Terms of Use, you shall immediately refrain from accessing and/or using the Website.
These Terms of Use are translated in different languages for information purposes only. The English version shall prevail in case of conflict.
The Foundation reserves the right to make any changes to these Terms of Use, at its sole discretion. Your continued use of the Website after any such changes, with or without having expressly accepted the new Terms of Use, shall constitute your consent to such changes. If you do not agree to such changes, you have no right to obtain information or access to the Website and must immediately cease use of it. You are responsible for verifying regularly these Terms of Use in their current and in effect version from time to time, an up-to-date version of which may be retrieved at any time on the Website. Any registered User shall be notified by email of the modification of these Terms of Use. 

3. Registration

The use of the Website may require you to open an account, all information being subject to the Privacy Policy.
You must ensure that the personal information given for the registration process is accurate, complete and respects in all aspects the Terms of Use. You must keep your information up to date. 
You may not have more than one account (except if you are using a different account for the Community) and may not transfer it to a third party. If you have been blocked from the Website by the Foundation or if your account has been terminated, for whatever the reason, you may not register for a new one, unless the Foundation agrees to this in writing. 
The email address chosen for the registration process shall be used by the Foundation to communicate with you in any case the Foundation would consider useful in its sole discretion. Any email sent by the Foundation on this email address shall be deemed well received and notified.

4. Payment modalities

Payments regarding cinfoPoste can be made by debit and credit cards, bank transfers, invoice and may be extended to other electronic payment services.
For other services, the User has the choice to pay by debit and credit cards or invoice. 
Credit Card payments are immediate, while invoices need to be paid within 30 days. Services are available when orders are placed. 
All electronic methods of payments are PCI DSS compliant.

5. Privacy

By using the Website, you agree that the Foundation may collect, process and use personal data about you. Such information collected through this Website shall only be used in accordance with the Privacy Policy, the terms of which are hereby incorporated into these Terms of Use. 

6. Use of the Website

The Foundation grants you a limited, non-exclusive, non-transferable, and revocable license to use the Website for your personal, non-commercial use, and to display the content of the Website on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with these Terms of Use and other policies. All other uses are prohibited without the Foundation’s prior written consent.
You are entitled to use the Website only in conformity with the laws of Switzerland and any other law that applies to you. You may solely make a legal use of this Website and any illegal or inappropriate use of the Website is banned. 
In particular, you agree not to do any of the following in connection with your use of the Website:
a) use or attempt to use another's account, service or system without authorization from the Foundation, or create a false or misrepresenting identity;
b) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
c) upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer code, files, Trojan horses or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other technologies that may harm the Website or the interests or property of the Users or of the Foundation;
d) copy, modify, or distribute rights or content from the Website in any way; 
e) use any content or information of the Website to compete with the Foundation; 
f) commercialize any code or any information or software associated with the Website; 
g) upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of Users or of any third party without the person’s prior express consent;
h) use the Website in any way that, in the sole judgment of the Foundation, is objectionable, illegal, inappropriate or which restricts or inhibits any other person from using the Website, or may harm or make liable the Foundation or its Users, including any pornographic, threatening, abusive or discriminatory content;
i) facilitate or assist another person to do any of the above acts.

7. General Obligations of the Users concerning their Personal Information

The Users must ensure that any personal information they give in relation to the use of the Website, in particular but not limited to any information given on the Personal profile, Community platform or Business page, is accurate and up-to-date. They must choose the appropriate settings regarding the sharing and publication of their data.
The Users may not communicate their login information with any third party and/or give access to their Personal profile or Business page to any third party. The Users are solely responsible for any use of their login information, including by third parties. In case of such misuse or any doubt of such misuse, the User must inform immediately the Foundation. It is of the User’s responsibility to un-log from the Website at the end of its use. 

8. Intellectual Property Rights

"Intellectual Property Rights" means copyrights, patents, registered design, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, registered or unregistered.
Intellectual Property Rights and all other proprietary rights in the content available on the Website are the exclusive property of the Foundation or its licensors. This includes rights to all software associated with the Website. Nothing in these Terms of Use constitutes a transfer of any Intellectual Property Rights.

9. User Content and Third Party Content

The term "User Content" used in these Terms of Use shall mean any file or information uploaded or entered to the Website by Users, including but not limited to pictures, logos and/or trademarks, messages, sounds, or other materials or specifications. The term "Third Party Content" used in these Terms of Use shall mean any third party information, including but not limited to advertisement in any form, as well as links to websites owned by third parties and the content of such websites.
User Content shall be the sole responsibility of the User from whom such content originates. Any User Content must respect the rules surrounding the use of the Website and shall not violate any laws, third party rights or these Terms of Use.
You shall defend the Foundation (including its officers, directors, employees and agents) against third party claims related to the User Content and hold the Foundation free from any damages, claims or indemnity and costs (including attorney's fees and juridical costs), whether direct or indirect, incurred by the Foundation in this context and be held solely liable for any such damages, claims or indemnity and costs.
The Foundation has the right, without any obligation, to delete and immediately remove from the Website any User Content or Third Party Content.
You can remove your User Content from the Website at any time. By unsubscribing or deleting your Account, the Foundation will consider that you wish to delete and remove your User Content from the Website. Please note however that all data that has been collected through the Website may be kept and remain recorded even after the termination of the User’s account and/or the removal of User Content, at least temporarily, in particular (without limitation) in case of back-up systems, in conformity with the Privacy Policy. The Foundation also has no control and shall not be responsible for any User Content displayed on any other website, search engine or social network as a result of sharing or referencing.

10. Agreement between Users exclusively

The Website allows Users to enter into agreements based on their own decision. No obligation whatsoever to enter into an agreement with another User may be claimed based on the Website, in particular from the use of the Website or the existence of a Personal profile or Business page.
The Foundation exclusively makes the Website available to the Users and takes absolutely no contractual role in any relationship that would be built between Users. The Foundation shall in particular not be held liable for any contractual infringement, legal infringement or any other potential sources of liability in the relationship between Users. 
The Foundation only gives the possibility for the Users to be in contact and may not be considered as an intermediary of any kind. The Foundation in particular does not guaranty the accuracy of data, the fitness of Candidates for a job nor the availability of other Users and/or job opportunities published on the Website. The Foundation does not guaranty the conclusion of any contract or any other form of agreement between the Users.

11. Limitations of Liability

These Terms of Use set out the full extent of our obligations and liabilities with respect to the Website.
To the maximum extent possible by law, the Foundation excludes all and any warranty, guaranty and responsibility in relation to or subsequent to the Website. The Foundation shall in particular not be liable for any damages of any kind, including loss of income or data, suffered by the User or any other person, by act of the Foundation or of a third party.
The Foundation does not give any warranty in relation to the Website as well as any information published or available on the Website, should it be its availability, accuracy or lawfulness. The Foundation shall not verify, update or correct such information. The Foundation does not warrant that the Website will be available at all times and expressly reserves the possibility to discontinue the Website without notice.
In any case, to the extent permitted by law, the Foundation and its affiliates will not be liable for aggregate liability for any claims relating to the use of the Website for more than the value of the monetary payment paid for the last year. 
Payments made for cinfoPoste subscriptions will not be refunded under any circumstances.

12. Assignment

The User may not transfer any of his/her rights or obligations under these Terms of Use without the Foundation’s prior written consent. 
The Foundation may transfer all of its rights and obligations under these Terms of Use without the User’s prior written consent, including any personal data. To the extent such a consent would nonetheless be required by imperative law, the Foundation shall notify the User of the transfer of his/her rights or obligations by email or through his/her User account. The User shall be deemed to have accepted the announced transfer unless he/she expressly refuses it within two weeks as from the notification by email. In case of such a refusal from the User, the Foundation shall be entitled to terminate any agreement with the User that is subject to these Terms of Use without notice.

13. Termination 

The Foundation may block, terminate or suspend your account or ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Foundation, as well as close the Website.
You may terminate your account at any time by providing the Foundation with notice of termination in accordance with the instructions available on the Website. Your access to, use of, or participation in the Website, including any content therein, may be prevented by the Foundation at any time after your termination of your account. 

14. Entire Agreement and Severability

These Terms of Use, the Privacy Policy and the applicable policies, subject to any amendments or modifications made by the Foundation from time to time, shall constitute the entire agreement between you and the Foundation with respect to the Website.
If any provision of these Terms of Use is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

15. Governing Law and jurisdiction 

The Terms of Use, as well as all matters arising out or in relation to them (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Switzerland, to the exclusion of the rules on conflicts of laws. 
Any claim or dispute regarding these Terms of Use or in relation to them shall (including for non-contractual disputes or claims and their interpretation) be subject to the exclusive jurisdiction of the Courts of Biel, Switzerland.