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Includeed’s terms of use

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1. Scope and Applicability
  • 1.1   These Terms of use (the “Terms”) govern your access to and use of the website www.includeed.com (the “Website”).
  • 1.2  The terms “we”, “us” and “our” refer to Includeed (“Includeed”), a product of Invisible Experience, a non-for-profit organization based in the Canton of Geneva, Switzerland. The term “you” refers to the Visitors or Users of the Website, contributing or accessing Content on the Website.
  • 1.3   This Website is provided solely to providing a space where you or third parties may review companies, share stories, ask questions, suggest solutions and ask companies to disclose certain data about diversity and equal opportunities you do not have access on Includeed.
  • 1.4   By using our Website, you confirm that you understand and accept these Terms in full ; accordingly, if you disagree to the version of the Terms posted on Includeed at the time you access Includeed, you must not use our Website . If you are using our Website on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have separate agreement with you.
  • 1.5   Our Website uses cookies; by using our Website or agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Privacy Policy.
2. Copyright
  • 2.1   Copyright © 2017 Includeed
  • 2.2   Subject to the express provisions of these Terms:
    • a .   We, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our Website;
    • b .   And all the copyright and other intellectual property rights in our Website and the material on our Website are reserved.
3. Trademarks
  • 3.1   Includeed logo, the look and feel of this Website, including all page designs, custom graphics, button icons, scripts, and all other product or service names or slogans displayed on this Website, registered and unregistered trademarks, are the service mark, trademark and/or trade dress of Includeed and may not be copied, imitated or used, in whole or in part, without the prior written permission of Includeed.
  • 3.2   The third party registered and unregistered trademarks or service marks on our Website (e.g. logos of companies featured on Includeed) are the property of their respective owners and, unless stated otherwise in these Terms, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
4. Eligibility
  • 4.1   As a condition of your use of this Website, you warrant that all information supplied by you on this Website is true, accurate and current;
  • 4.2   To be eligible for an individual account on our Website, you must be at least 16 years of age and have the power and authority to enter into these Terms.
  • 4.3
    • a .   You may register for an account with our Website by completing and submitting the account registration form on our Website (a valid email address and a password), and clicking on the verification link in the email that the Website will send to you.
    • b .   If you access this Website through the LinkedIn sign-in provided, you agree that we may access and store (if applicable) any information, data and/or other materials that you have provided to and stored in your Linkedin account and that have been mentioned during the sign-in procedure. No personal identification information from your Linkedin account will be displayed on Includeed. Please note: your relationship with Linkedin is governed solely by your agreement with this website. the privacy settings that you have set with that Social Networking Site account.
  • 4.4   The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected or/and your account may be disabled.
  • 4.5   You must not use any other person's account to access the Website.
  • 4.6   You warrant that you will use Includeed solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other binding obligations (including contractual obligations) you may have towards third parties. You agree that you will not:
    • a .   Use Includeed if we have terminated your account or banned you.
    • b .   Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
    • c .   Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple Contents for the same company.
5. Visitors and Registered Users
  • 5.1   You are allowed to use this Website and access Content (see Section 9 for more information about Contents) from other users and third parties either as an unregistered visitor (hereinafter referred to as “Visitor”) or as a registered User (hereinafter referred to as “User”).
  • 5.2   Unlike Visitors, Users also get access to the following additional features:
    • a .   They can share stories related to diversity and equal opportunities about any company that interest them;
    • b .   They receive a confirmation that their content (story, question to a company or suggested solution) has successfully been published on our Website
    • c .   They are informed by email if the reviewed company has answered to their content;
    • d .   They receive email notifications of updates on our Website
    • e .   They are able to modify their content in case these have been invalidated during our moderation because they did not respect our Community Guidelines
    • f .   They get access to our newsletter and other Includeed-related information.
  • 5.3   If you register for an account with our Website, you will be asked to provide a valid email address and choose a password.
  • 5.4   Your email address must not be liable to mislead and must comply with the Content rules set out in Section 12; you must not use your account for or in connection with the impersonation of any person.
  • 5.5   You must keep your password confidential.
  • 5.6   You must notify us in writing immediately if you become aware of any disclosure of your password.
  • 5.7   You warrant that you will safeguard your account information and will be completely responsible for any use of your account by anyone other than you.
  • 5.8   You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure
  • 5.9   Passwords are subject to cancellation or suspension by us at any time.
6. Protection of Your Privacy
  • 6.1   The protection of your privacy is core for Includeed. Please click here to review our current Privacy Policy to know more.
  • 6.2   While we have no obligation to do so, we will take all appropriate actions to protect the anonymity of our Users against the enforcement of subpoenas or other information requests that seek a User's electronic address or identifying information, to the extent allowed by applicable law.
7. Licence to Use our Website
  • 7.1   As a visitor, we hereby grant you a limited, revocable, non-sublicensable licence under the intellectual property rights licensable by us and subject to the other provisions of these Terms, to:
    • a .   View pages from our Website in a web browser;
    • b .   Download pages from our Website for caching in a web browser;
    • c .   Print pages from our Website;
    • d .   Stream audio and video files from our Website;
    • e .   View and create Content on our Website by means of a web browser
  • 7.2   Except as expressly permitted by Section 7.1 or the other provisions of these Terms, you must not download any material from our Website or save any such material to your computer.
  • 7.3   You may only use our Website for your own personal purpose, and you must not use our Website for any other purposes.
  • 7.4   Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on our Website.
  • 7.5   Unless you own or control the relevant rights in the material, you must not:
    • a .   Republish material from our Website (including republication on another Website);
    • b .   Sell, rent or sub-license material from our Website;
    • c .   Show any material from our Website in public;
    • d .   Exploit material from our Website for a commercial purpose;
    • e .   Redistribute material from our Website;
    • f .   Rent, lease, loan, or sell access to Includeed
  • 7.6   Notwithstanding Section 7.5, you may redistribute our newsletter in print and electronic form to any person.
  • 7.7   We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
8. Acceptable Use
  • 8.1   By using Includeed, you expressly agree NOT to:
    • a .   Use any information obtained from Includeed in order to harass, abuse, or harm another person;
    • b .   Use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • c .   Use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
    • d .   Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    • e .   Use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    • f .   Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
    • g .   Access or otherwise interact with our Website using any robot, spider or other automated means;
    • h .   Frame, mirror or otherwise incorporate any part of this Website into any other website without our prior written authorization;
    • i .   Use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without the prior explicit consent of the Users;
    • j .   Use Includeed for any commercial purpose; if you wish to make commercial use of Includeed, you must enter into an agreement with us to do so;
    • k .   Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any data or functionality of Includeed.
  • 8.2   You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
9. Contents
  • 9.1   In these Terms, your "Contents" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.
  • 9.2   Contents published on our Website are provided by independent users and third parties on includeed, which means that :
    • a .   They do not necessarily reflect our views and opinions;
    • b .   We make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content;
    • c .   We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users and third parties.
  • 9.3   You should not rely upon Contents published on our Website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.
  • 9.4   We will not be liable to you for any loss or damage arising from any reliance you may place on any Contents published on the Website.
  • 9.5   If you are using our Website on behalf of a company or other legal entity, you agree to the publication of Contents relating to you and your business, by others, on our Website; you acknowledge that such Contents may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such Contents, irrespective of whether we are aware or ought to have been aware of such Contents.
  • 9.6   Our Website contains Contents provided by us and our licensors. We and our licensors own and retain all proprietary rights in the provided Contents.
10. Visitor and User Contents
  • 10.1   We publish Contents created by Visitors and registered Users on our Website.
  • 10.2   Any Visitor or registered User may submit Contents for publication on our Website, subject to these Terms.
  • 10.3   You are solely responsible for any and all Contents that are posted through your account on Includeed.
  • 10.4   Your Contents must be honest, reasonable and bona fide reviews of companies regarding diversity and equal opportunities.
  • 10.5   You agree that by submitting your Content to Includeed, you have reviewed and agree to abide by our Community Guidelines and to be bound by these Terms.
  • 10.6   You may not offer or receive incentives in exchange for sharing Contents about a company. You may not trade Contents with other employers. You may not coerce employees to leave Contents. You must not post a Content if:
    • a .   You have a financial interest in the subject matter of the Content;
    • b .   You are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the Content.
    We will remove Contents where we have evidence that users were compensated to leave them.
  • 10.7   You hereby waive all your moral rights in your Contents to the maximum extent permitted by applicable law and warrant that all other moral rights in your Contents have been waived to the maximum extent permitted by applicable law.
  • 10.8   You acknowledge that the Visitor and User Contents published on our Website are submitted by Visitors and Users, and that we do not usually review, approve or edit such Contents; accordingly, we do not warrant the completeness or accuracy of the Visitor and User Contents.
11. Your Contents: Licence
  • 11.1   We do not claim ownership in any Contents (defined under Section 9.1) that you submit to this Website, but to be able to legally provide this Website to our visitors, we have to have certain rights to use your Contents. Therefore, by submitting Contents to this Website, you grant Includeed a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Contents throughout the world in any media (now known or later developed), for any purpose.
  • 11.2   You grant to us the right to sub-license the rights licensed under Section 11.2.
  • 11.3   You grant to us the right to bring an action for infringement of the rights licensed under Section 11.2.
  • 11.4   You hereby waive all your moral rights in your Contents to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your Contents have been waived to the maximum extent permitted by applicable law.
  • 11.5   You acknowledge and agree that the Contents you submit on this Website is non-proprietary. No compensation will be paid with respect to the Contents that you post through this Website. You should only submit Contents that you are comfortable sharing with others under these Terms.
  • 11.6   Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your Contents.
12. Your Contents: Rules
  • 12.1   You warrant and represent that your Content will comply with these Terms.
  • 12.2   By using Includeed, you warrant that:
    • a .   You own your Contents or otherwise have the right to grant the licence set forth in these Terms;
    • b .   Any information you provide about your current, past or potential status as an employee or a customer of a company is correct and complete;
    • c .   Any information you provide is submitted by you or on your own behalf.
    • d .   You will not post Contents that you do not own or have the right to post in accordance with the license set forth in these Terms;
  • 12.3   Your Contents must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  • 12.4   By using Includeed, you expressly agree NOT to post, upload, transmit, distribute, create or otherwise publish any Content on our Website that:
    • a .   Is libellous or maliciously false;
    • b .   Is offensive, deceptive, fraudulent, abusive, anti-social, menacing, discriminatory;
    • c .   Promotes racism, sexism, homo-, bi- and trans- and intersexphobia or any other discriminatory behavior, hatred or physical harm of any kind against any group or individual, bullies, harasses, threatens or advocates stalking, bullying, or harassment of another person;
    • d .   Is in breach of hatred or discrimination legislation;
    • e .   Is obscene or indecent;
    • f .   Infringes any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
    • g .   Infringes any right of confidence, right of privacy or right under data protection legislation;
    • h .   Constitutes negligent advice or contains any negligent statement;
    • i .   Constitutes an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
    • j .   Is in contempt of any court, or in breach of any court order;
    • k .   Is in breach of official secrets legislation;
    • l .   Is in breach of any contractual obligation owed to any person, including your current, former or potential employers;
    • m .   Does not reflect your honest opinion and experience;
    • n .   Depicts violence;
    • o .   Is pornographic, lewd, suggestive or sexually explicit;
    • p .   Is untrue, false, inaccurate or misleading;
    • q .   Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Includeed;
    • r .   Is unrelated to the topic of the Website;
    • s .   Concerns promotions, political campaigning, advertising, contests, raffles, or solicitations;
    • t .   Consist of or contains any private identification information such as social security number, passport number, national identification number, insurance number, driver's licence number, immigration number, or any other similar number, code, or identifier;
    • u .   Solicits passwords or personally identifying information from other visitors;
    • v .   Consists of or contains any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    • w .   Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing, or "spamming";
    • x .   Consists of or contains any viruses, corrupted data or other harmful, disruptive or destructive files;
    • y .   Causes annoyance, inconvenience or needless anxiety to any person;
    • z .   Implies an Includeed endorsement or partnership of any kind, or creates liability of any type for Includeed.
  • Please do not provide any information that you are not allowed to share with others, including by binding contractual obligation or by law, because any information you provide will be accessible by every visitor of Includeed.
13. Enforcement by Includeed
  • 13.1   Although we have no obligation to screen or monitor any of the Contents posted to our Website, we reserve the right to review and delete any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Includeed (including our ​ Community Guidelines , or that we deem, in our sole discretion, inappropriate.
  • 13.2   It is our policy to terminate accounts of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent.
  • 13.3   If you believe that your work has been copied and used on this Website in a way that constitutes copyright infringement, please contact us at legal@includeed.com in order to get information on the requirements and procedure for filing a complaint. We only manage messages concerning copyright infringement addressed at this email address.
  • 13.4   If you feel that content has been taken down inappropriately please contact us via the email address: legal@includeed.com in order to get information on the requirements and procedure for filing a counter-notification. We only manage messages concerning copyright infringement addressed at this email address.
14. Report abuse
  • 14.1   If you see or learn of any unlawful material, content or activity on our Website, or any material, Content or activity that breaches these Terms, please let us know.
  • 14.2   You can let us know by clicking on the Flag icon and link adjacent to that Content ("Report") or material, or by contacting us via email: report@includeed.com.
  • 14.3   Once notified, we will review the material, Contents or activity and consider whether to remove them. This decision is at our sole discretion. You understand and agree that if we choose not to remove material or Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
15. Limited warranties
  • 15.1   We do not warrant or represent:
    • a .   The completeness or accuracy of the information published on our Website;
    • b .   That the material on the Website is up to date;
    • c .   Or that the Website or any service on the Website will remain available.
  • 15.2   We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent that these Terms expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.
  • 15.3   To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these Terms, our Website and the use of our Website.
16. Limitations and Exclusions of Liability
  • 16.1   Nothing in these Terms will:
    • a .   Limit or exclude any liability for death or personal injury resulting from negligence;
    • b .   Limit or exclude any liability for fraud or fraudulent misrepresentation;
    • c .   Limit any liabilities in any way that is not permitted under applicable law;
    • d .   Or exclude any liabilities that may not be excluded under applicable law.
  • 16.2   The limitations and exclusions of liability set out in this Section 16 and elsewhere in these Terms:
    • a .   Are subject to Section 16.1;
    • b .   And govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
  • 16.3   We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  • 16.4   We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
  • 16.5   We will not be liable to you in respect of any loss or corruption of any data, database or software. You are solely responsible for creating backup copies of and replacing any Content you post on this Website at your sole cost and expense.
  • 16.6   We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on this Website or combination thereof, including any injury or damage to visitors or to any person's computer related to or resulting from participation or downloading materials in connection with this Website. Under no circumstances shall we be responsible for any loss or damage resulting from use of this Website or from any Content posted on this Website or transmitted to visitors, or any interactions between visitors of this Website, whether online or offline.
  • 16.7   We will not be liable to you in respect of any special, indirect or consequential loss or damage.
  • 16.8   You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
  • 16.9   We make no warranty that:
    • a .   Includeed will meet your requirements;
    • b .   Includeed will be available on an uninterrupted, timely, secure, or error-free basis;
    • c .   Or the results that may be obtained from the use of Includeed will be accurate or reliable.
  • 16.10   Includeed takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party on this Website, or for any loss or damage thereto. We take no responsibility for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this Website. As a provider of interactive services, Includeed is not liable for any Content provided by its users in any public forum, personal homepage or elsewhere.

IN NO EVENT SHALL INCLUDEED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF INCLUDEED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF INCLUDEED (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED SWISS FRANCS (CHF 100.-).
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
17. Indemnity
  • 17.1   You hereby indemnify Includeed, our partners and employees, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
    • a .   Any breach by you of any provision of these Terms;
    • b .   Your violation of any law or the rights of a third party;
    • c .   Or your use of our Website.
18. Breaches of these Terms
  • 18.1   Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
    • a .   Send you one or more formal warnings;
    • b .   Temporarily suspend your access to our Website;
    • c .   Permanently prohibit you from accessing our Website;
    • d .   Block computers using your IP address from accessing our Website;
    • e .   Contact any or all your internet service providers and request that they block your access to our Website;
    • f .   Commence legal action against you, whether for breach of contract or otherwise;
    • g .   And/Or suspend or delete your account on our Website.
  • 18.2   Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
19. Links to Third Party Websites
  • 19.1   Our Website may contain hyperlinks to other Websites owned and operated by third parties.
  • 19.2   Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association, adoption or sponsorship of their operators.
  • 19.3   Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association, adoption or sponsorship of their operators.
  • 19.4   We have no control over third party Websites and their Contents, and subject to Section 16.1 we accept no responsibility for them (including but not limited to their contents, the privacy or other practices of such websites) or for any loss or damage that may arise from your use of them.
  • 19.5   It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
  • 19.6   In some cases you may be asked by a third party site to link your profile on Includeed to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
  • 19.7   By using this Website, you understand and agree that:
    • a .   We are not responsible for, and do not endorse, any content from third-party websites, including advertising and information about third-party products and services;
    • b .   We make no guarantees about the accuracy, currency, suitability, or quality of the information in such third-party content;
    • c .   And we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties.
20. Competitions
  • 20.1   From time to time we may run competitions, free prize draws and/or other promotions on our Website.
  • 20.2   Competitions will be subject to separate Terms (which we will make available to you as appropriate).
21. Variation
  • 21.1   We may revise these Terms from time to time, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Terms. We will note the date that revisions were last made at the top of this page, and any revisions will take effect upon posting.
  • 21.2   We will give registered Users electronic written notice of any revision of these Terms, and the revised Terms will apply to the use of our Website from the date that we give you such notice; if you do not agree to the revised Terms, you must stop using our Website.
22. Assignment
  • 22.1   You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
  • 22.2   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
23. Severability
  • 23.1   Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
  • 23.2   If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
  • 23.3   If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
24. Third Party Rights
  • 24.1   These Terms are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
  • 24.2   The exercise of the parties' rights under these Terms is not subject to the consent of any third party.
25. Entire agreement
  • 25.1   Subject to Section 16.1, these Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Website and supersede all previous agreements between you and us in relation to your use of our Website.
26. Cancellation and Suspension of Account
  • 26.1   We may:
    • a .   Suspend your account;
    • b .   Or cancel your account; at any time in our sole discretion without notice or explanation. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
  • 26.2   You may cancel your account on our Website at any time by sending us an email at: support@includeed.com.
27. Applicable Law and Jurisdiction
  • 27.1   These Terms shall be governed by Swiss law.
  • 27.2   Any disputes relating to these Terms shall lie with the locally competent court of law in Geneva, Switzerland. Appeal to the Swiss Federal Court is reserved.
  • 27.3   Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
28. Service Support
  • 28.1   Any questions regarding the use of Includeed services can be addressed to Includeed Support Center at support@includeed.com.
29. General Provisions
  • 29.1   A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • 29.2   You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement.
  • 29.3   The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
30. Our Details
  • 30.1   This Website is owned and operated by Invisible Experience, a non-for-profit organization registered in Geneva, Switzerland.
  • 30.2   Our business address is at rue Eugène-Marziano 37, 1227 Les Acacias, Geneva, Switzerland.
  • 30.3   For any questions or suggestions regarding our Terms of Use, you can contact us at legal@includeed.com.