GENERAL CONDITIONS FOR THE PURCHASE OF ONLINE TRAINING PRODUCTS ON THE VISIONCOMPLIANCE WEBSITE
(as of 20 July 2022)
The company VisionCompliance SA
VisionCompliance SA is a Swiss company based in Geneva, Switzerland, whose goals are the design, organisation and marketing of professional training in virtual classrooms as well as the creation, production and marketing of digital professional training programs.
Rue de Contamines 16
Contact: [email protected]
In these General Terms and Conditions, the term “Customer” refers to any person who makes a purchase on a personal basis or a company representative who makes a purchase of one or more products for the company and/or for one or more employees of the company he/she represents.
Acceptance of the General Conditions
These Terms and Conditions govern the use by Customers of the products and services of VisionCompliance AG (hereinafter: the Product or Products) available on its website visioncompliance.ch. By using the Products, the Customer agrees to be bound without reservation by these Terms and Conditions.
The prospective Customer must first read and accept these Terms and Conditions in their entirety. No Customer registration can be carried out without acceptance of these Terms and Conditions. If you have any questions on this subject, please do not hesitate to contact us at [email protected]
Modification of the General Conditions
VisionCompliance AG reserves the right to change these General Terms and Conditions at any time and without prior notice. The new General Terms and Conditions shall come into force upon publication on the visioncompliance.ch website.
After the publication of the amended Terms and Conditions, the mere use of a Product by an already registered Customer shall be deemed to be full acceptance of the contents of the new Terms and Conditions by the Customer.
If the Customer does not accept the amended General Terms and Conditions, he/she must renounce the purchase and use of the Products.
Who can be a Customer and purchase the Products
Any person of legal age can become a Customer and purchase the Products.
Customer’s computer configuration
The Customer acknowledges that he/she has a compatible and sufficient computer configuration with regard to the technical requirements of the Products and accepts that VisionCompliance SA cannot be held responsible in any way for this.
Access to the Products by the Customer
The Customer acknowledges that he is aware that continuous and uninterrupted access to the Products cannot be guaranteed by VisionCompliance SA. Access may therefore be suspended, in particular but not exclusively, in the event of technical damage or maintenance operations. In this respect, the Customer waives in advance and unconditionally to hold VisionCompliance SA responsible for any damage, direct or indirect, resulting from the use of the Products.
Actions prohibited by the Customer
The Customer shall not carry out any operation, by whatever means, on the visioncompliance.ch website or on the Products, with a view to undermining the integrity of the website or the Products, to modifying their content or operation or to taking control of them. The Customer shall also refrain from assisting a third party to do so.
When registering, the Customer shall refrain from any impersonation of a third party. Violation of this rule will lead to a report to the competent authorities.
By registering on the visioncompliance.ch website, the customer creates a user account. The customer is then bound by these terms and conditions. The information provided by the customer during registration must be accurate and up to date. The Customer agrees to create and use only one user account and not to share his access with a third party. The Customer also agrees not to use a third party’s account to purchase or access a Product.
In the event of theft of his access identifiers, the Customer shall notify VisionCompliance SA without delay at the following address: [email protected]
Unilateral termination by VisionCompliance SA
In the event of a proven breach by the Customer or if VisionCompliance SA has serious reasons to believe that the Customer is not complying with one or more provisions of these General Conditions, VisionCompliance SA may, at its sole discretion and without prior notice, prohibit the Customer from accessing the Products without compensation, even if the prohibition occurs while the Customer has access to one or more Products.
PURCHASE OF A PRODUCT
Rights related to the purchase
The purchase of a Product gives a right to use the purchased Product either personally or to employees of the company he represents and has registered as a user of the Product. This use is non-exclusive, non-transferable and limited in time. The Product is only accessible online on the visioncompliance.ch website. The purchase of the Products does not give the Customer any right to download or copy the Products. The purchase of the Products does not make the Customer the owner of the Product.
Any violation of the non-transferable nature of the right of access (passing on the access data to a third party or any other unfair use of the visioncompliance.ch website) will lead to the immediate suspension of the Product(s) already purchased without compensation. Civil and criminal proceedings are expressly reserved.
Duration of use of the Product
The duration of use of the Product is limited in time. This period can be from 30 days to several months depending on the Product purchased. The duration is indicated on the product presentation page on the visioncompliance.ch website. No refund can be requested from VisionCompliance if the Customer has not carried out the training and/or test within the specified period.
The prices of the Products are at the rates in force at the time of purchase and at the conditions of use indicated in the description of the course. The prices do not include the fees charged by telephone or Internet operators to access the Products from a fixed or mobile terminal of the Customer.
Payment is due at the time of ordering.
Prices are quoted in Swiss francs, excluding any transmission or order processing fees or fees charged by payment intermediaries or any other party involved in the transaction.
Means of payment accepted
Payment methods accepted are MasterCard, Visa and American Express.
Cancellation and refund
Any order can be cancelled before payment. As soon as the Product is purchased, it will not be reimbursed unless it has a technical defect. In this case, contact [email protected] VisionCompliance SA advises the Customer to read the description of the training before making a purchase.
The Products remain the property of VisionCompliance SA
The purchase or use of a Product does not give ownership or intellectual property rights to the Product. VisionCompliance is and remains the exclusive owner of all the intellectual property rights relating to the Products which are offered to the Customer, both in terms of their content and their graphic aspects. Consequently, the Customer is not authorised to use these elements to insert them in other e-learning products or in other training materials, whatever their form, whether for internal use or for making them available to third parties.
Copying and marketing of Products
Any copy or translation of the Product, even partial, is strictly forbidden. The purchase of a Product does not authorise its commercialisation by the Customer or a third party.
The course materials printed out by the customer from the visioncompliance.ch website remain in the possession of the Customer with the exception of the intellectual property rights prohibiting their partial or total reproduction of the document(s) by any means for the attention of third parties. Screenshots of the course content are not permitted and are subject to intellectual property protection.
Video and audio files are not considered downloadable documents and are protected by intellectual property rights.
Comments, suggestions, testimonials
Comments, ideas, suggestions or testimonials from the Customer are welcome. By sending them to [email protected], the Customer grants VisionCompliance AG the right, but not the obligation, to use them without restriction and without compensation to the Customer. Their public use requires VisionCompliance Ltd. to anonymise the source unless agreed with the Customer.
Withdrawals or modifications of Products
VisionCompliance AG reserves the right to remove Products from its catalogue presented on the visioncompliance.ch website or to modify their content. These withdrawals and modifications do not affect the Product(s) already purchased by the Customer during its/their authorized period of use at the time of purchase.
The changes made to the training courses are immediate and also affect the Products already purchased by the Customer.
The purchase of a Product or the successful completion of a training test on the visioncompliance.ch website does not entitle you to any training credit or official certificate of acquired knowledge.
When the Customer has passed the test for the training, he/she can print a document certifying that he/she has passed the test for that training. The pass rate for the test is 80%. The Customer can take the test several times.
PRODUCT PRODUCED IN PARTNERSHIP WITH A THIRD PARTY EXPERT COMPANY
When a Product is produced in partnership with a third-party expert Company, this collaboration is formalised by a cooperation agreement which grants VisionCompliance the authorisation to market the Product.
The purchase of a Product creates a contractual relationship between VisionCompliance and the Customer. The third-party expert Company is not a party to this contract between VisionCompliance and the Customer.
The intellectual property of the e-learning products concerned belongs to VisionCompliance with regard to the technological development of the products and to the third-party expert Company with regard to the technical content of the product text.
At least once a year, VisionCompliance shall inform the third-party expert Company of the name of the Customer, the jointly produced Product(s) purchased by the Customer and the price charged to the Customer.
The Customer’s obligations under these General Terms and Conditions also apply to employees registered for a Product by the Customer. The Customer is responsible for informing them of these obligations.
VisionCompliance is not liable for any direct or indirect damage caused to the Customer by the use of its Products.
In particular, VisionCompliance is not liable for any different interpretations that may be given by the Customer in connection with the content of the VisionCompliance Products in relation to the regulations. VisionCompliance is not liable for decisions that the Customer or its employees may make in the course of their activities in situations that are similar to those presented in the VisionCompliance Products.
The Products can in no way be considered as a tool for implementing the subject matter addressed in the Product within the Customer’s organisation, this being the sole responsibility of the Customer.
The limitations of liability described above do not apply in case of fraud or gross negligence committed by VisionCompliance.
VisionCompliance will endeavour to keep the technical content (i.e. regulatory, tax content) up to date, without assuming any liability if this content is not up to date during the period in which the products are made available.
If any provision of these General Terms and Conditions is found to be invalid, unenforceable, or otherwise unenforceable, only that provision shall be deleted from the General Terms and Conditions and the remaining provisions shall remain in force unchanged.
These General Terms and Conditions constitute the entire agreement between the Customer and VisionCompliance Ltd. They cancel and replace any previous agreements between the Customer and VisionCompliance SA relating to the purchase of Products on the visioncompliance.ch website.
Applicable law and jurisdiction
Only Swiss domestic law is applicable, with the exception of the Federal Act on Private International Law (LPIL).
In the event of a dispute concerning the execution or interpretation of these General Conditions, the courts of the Republic and Canton of Geneva shall have exclusive jurisdiction, with the exception of any appeal to the Federal Court.