Terms & conditions for the use of the platform
24.10.2019
1- Introduction
1.1 Loyco SA (“Loyco”) is a company with its registered seat at 8 rue Jacques-Grosselin, 1227 Carouge-Geneva, Switzerland.
1.2 Loyco provides a platform (the “Platform”) which provides outsourcing services for HR, insurances support and IT solutions (the “Services”).
1.3 These terms and conditions (the “Terms and Conditions”) govern the relationship between Loyco and the users registered on the Platform (the “User(s)”).
1.4 By accessing, using or participating in the Platform, Users expressly agree to these Terms and Conditions. If you are using these Terms and Conditions on behalf of an entity, you represent and warrant that you are authorized to accept these Terms and Conditions on the entity’s behalf.
2- Other Applicable Terms and Conditions
Other applicable terms also govern your relationship with Loyco:
- Privacy Policy;
- Outsourcing contract applicable to your company.
3- Registration
3.1 Registration is open to the employees of companies who have entered into an outsourcing contract with Loyco.
3.2 Users shall provide truthful and accurate information when registering to use the Platform and ensure that this information (as well as any additional information required by Loyco) is complete and up to date. User have direct access to their account details.
3.3 The decision to accept a registration is at the sole discretion of Loyco that may revoke a registration at any time. Registration shall be denied if Loyco has already cancelled a User’s registration as a result of a breach of these Terms and Conditions.
4- Use of the Platform
4.1 Users may use the Platform to communicate information and documents to employees of Loyco, consult different types of reportings and monitor the services provided by Loyco.
4.2 Users are responsible for ensuring that any uploaded data that would ordinarily be classified as confidential, trade secrets or know how may be made available on the Platform. Loyco may not be held liable for any remedies or damages should this provision not be respected by the Users.
4.3 It is the User’s responsibility to comply with all applicable laws and regulations.
5- Payments
Services are invoiced by Loyco pursuant to the User’s contract for Services. Payments are to be made pursuant to the details of the invoice.
6- Limited license
Users are granted a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform as permitted by these Terms and Conditions. Loyco may decide to provide upgrades that replace or supplement the Platform at any time. Users do not obtain any rights from Loyco or its licensors to the Platform and any related material.
7- Restrictions
7.1 Users shall not access or attempt to access the Platform other than through the Platform and shall not access or attempt to access an account without proper authorization.
7.2 Users shall not undertake or attempt to violate, circumvent, reverse-engineer, decompile, disassemble, copy, reproduce, hack or tamper in any way with any technology, software or security feature related to the Platform.
7.3 Users shall not use the Platform for, or promote or participate in, any activity that is illegal, unauthorized or that would violate any applicable laws and regulations and/or these Terms and Conditions, or violate any of Loyco’ rights.
7.4 Loyco may monitor the use of the Platform by the Users at any time to ensure compliance with these Terms and Conditions, as well as with any applicable laws, rules and regulations. Any defaulting User may be banned from accessing the Platform.
7.5 Notwithstanding any other provision of these Terms and Conditions, Loyco reserves the right to change, suspend, remove, limit the use or access or entirely disable access to the Services and/or Platform at any time without notice. Loyco shall not be liable for any such action.
8- Account safety and Security
8.1 Users are responsible for implementing reasonable measures for securing their passwords and account information and other credentials necessary to access such storage mechanism(s). Loyco is not responsible for any such losses. Users will implement reasonable and appropriate measures designed to secure access to (i) any device connected with the email address associated with their account, (ii) their username, password and any other login or identifying credentials to the Platform. In the event that Users are no longer in possession of any device associated with their account or are not able to provide their login or identifying credentials, Users may lose access to their account.
8.2 Users are solely responsible for any activity that occurs under the use of their password or account and for any access to or use of the Platform by themselves or any person or entity using their password, whether or not they authorized such access.
8.3 Users must immediately notify Loyco of any unauthorized use or security breach of their password or account or any other breach of security or security flaws. Loyco will not be liable for any losses or damage whatsoever arising or resulting from the unauthorized use of a password or account. Loyco reserves the right, in its sole discretion, to determine what is a security breach or flaw. Failure to disclose such security breach or flaw shall be considered a material breach of these Terms and Conditions.
8.4 Users are solely responsible for their conduct (and the conduct of anyone who uses their password).
8.5 Users may not by any action test or undermine the security of the Services. Users will not and will not attempt to (i) interfere with, modify or disable any features, functionality or security controls of the Platform, (ii) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms incorporated into the Platform, or (iii) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form the Platform.
9- Third-Party materials
The Platform may include material from third parties or provide links to third-party websites. Loyco is not responsible for examining the content or accuracy of third party material or websites and bears no responsibility with regard to any third party service. Users agree to use such third party services at their own risk and Loyco is in no event liable for the use made by a User of any such third party material, website or service.
10- Intellectual property
The Company retains all right, title and interest in all of Company’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyright or patents based thereon. Users may not use any of Company’s intellectual property for any reason without Company’s prior written consent.
11- Changes to these Terms and Conditions
Loyco reserves the right to revise these Terms and Conditions (including by way of additional terms and conditions) at any time. Loyco will notify such modifications and/or additional terms by posting a revised version on the Platform. It is the Users’ responsibility to check the Platform regularly for modifications. If Users continue to use the Platform for more than seven days after the notification on the Platform, they will be deemed to have accepted Loyco’s revision of these Terms and Conditions. If you disagree with any change, Loyco may request that you stop using the Platform.
12- Communication
By using the Platform, Users consent to receiving electronic or written communications and/or notifications from Loyco on the Services, account/information and Platform updates.
13- Termination and access restriction
13.1 If a User fails, or Loyco suspects that a User has failed to comply with any of the provisions of these Terms and Conditions, or any applicable laws or regulations, Loyco may at its sole discretion, without notice immediately terminate the User’s right to access the Platform and/or its account. The User shall remain liable for all amounts due under its account on the Platform to Loyco.
13.2 Users may delete their account on the Platform at any time. Any amount due for Services remains due.
13.3 Loyco may suspend an account and access to the Platform immediately, without notice, at its sole discretion. Any amount due for Services remains due.
14- No warranties
14.1 Users agree to use the Platform and any related Services at their own and sole risk.
14.2 The Platform, related materials and other tasks are provided on an “as is”, “with all faults” and “as available” basis. Users expressly agree that the use of the Platform, related materials, Services and other tasks are at their sole risk, to the fullest extent permitted by applicable law.
14.3 Loyco makes no representations or warranties of any kind, express or implied, as to the operation of the Platform, related materials and other tasks, and disclaims any and all representations or warranties of any kind, express or implied, including without limitation: (a) any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement; (b) any warranty that the Platform, related materials and other tasks will meet Users’ requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error, or will contain any particular features or functionality; or (c) any implied warranty arising from course of dealing or usage of trade.
15- Limitations of liability
15.1 Loyco shall in no event be liable to Users for any matter whatsoever, unless in the case of gross negligence or willful intent.
15.2 To the fullest extent permitted by applicable law, Loyco will not be liable for any indirect, incidental or consequential damages (including any loss of revenue, profits, goodwill, use, or data) arising in connection with these Terms and Conditions, the Platform, related materials and other tasks, even if Loyco has been advised of the possibility of those damages.
15.3 To the fullest extent permitted by applicable laws, Loyco does not warrant, and disclaims all liability for (a) the completeness, accuracy, availability, timeliness, security or reliability of the Platform; (b) any harm to Users’ computer system, loss of data, corruption, attack, viruses, interference, hacking, or other security intrusion or other harm that results from an access to or use of the Platform, or any User data; (c) the deletion of, or the failure to store or to transmit, any User data and other communications maintained by the Platform; and (d) whether the Platform will meet Users’ requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Loyco or through the Services, will create any warranty not expressly made in these Terms and Conditions. Users are responsible for backing up their own system.
15.4 Users are solely responsible for storing their passwords and other login information. Loyco may in no event be held liable in the event of any loss of password.
15.5 To the fullest extent permitted by applicable law, neither Loyco, nor any of its directors, officers, employees, affiliates, agents, contractors, principals, or licensors, shall be liable to Users or any third party for any indirect, incidental, special, or consequential damages arising from the use of the Platform or for any other claim related in any way to the use of the Platform, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform, however caused, regardless of the type of liability, even if advised of the possibility of such damages.
15.6 Even though Loyco shall use all reasonable efforts to protect the information submitted on the Platform and data of Users, Users understand that information and data uploaded on and transferred through the Platform is submitted at their sole risk and Loyco disclaims any and all liability to Users relating to such information or data in any way, in particular if it is Personal Data.
16- Miscellaneous
16.1 Entire agreement: These Terms and Conditions are the entire agreement between Users and Loyco with regard to the use of the Platform. These Terms and Conditions supersede all priori representations, understandings, agreements or communications between the Users and Loyco, no matter the form. Loyco shall not be bound by any term, condition or other provision which is different from or in addition to the provisions of these Terms and Conditions, including when submitted for instance by and invoice, receipt, confirmation, correspondence or other documents.
16.2 Severability: Interpretation of terms: If any part of these Terms and Conditions is invalid or unenforceable, these parts will be construed in a manner consistent with applicable law to reflect the original intentions of the parties and the remaining parts shall remain in force
16.3 No waiver: A failure by Loyco to enforce any provision of these Terms and Conditions will not constitute a present or future waiver of that provision nor limit its right to enforce that provision at a later time. All waivers by Loyco must be in writing.
16.4 Notices: All notices or questions on these Terms and Conditions or use of the Platform must be sent at the following email address: info@loyco.ch
17- Governing law and Jurisdiction
17.1 These Terms and Conditions are subject to, shall be construed in accordance with and governed by the laws of Switzerland.
17.2 The place of jurisdiction for all disputes arising directly or indirectly from these Terms and Conditions or in general from the contractual relationship between you and Loyco shall be Geneva, Switzerland, subject to the right of appeal to the Swiss Federal Court in the cases provided by law.