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Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF ONLINE TRAINING PRODUCTS

ON THE VISIONCOMPLIANCE WEBSITE
(posted on 1 December 2018)

VisionCompliance SA

VisionCompliance SA is a Swiss company based in Geneva whose goals are the design, organization and marketing of continuing professional training as well as the creation, production and marketing of online professional training programs.

VisionCompliance SA

Bvd Georges-Favon 10

1204 Geneva

Contact: clients@visioncompliance.ch

Definition

In these Terms and Conditions, the “Customer” is any person who registers on the website visioncompliance.ch for the purpose of purchasing online training.

GENERAL CONDITIONS

Acceptance of Terms and Conditions

These Terms and Conditions govern the use by Customers of VisionCompliance SA products and services (hereinafter: the Product or Products) available on its website visioncompliance.ch. By using the Products, the Customer agrees to be bound by these Terms and Conditions.

The future Customer must first read all of these Terms and accept them. No Customer registration may be made without an acceptance of these Terms and Conditions. If you have any questions about this, do not hesitate to contact us at clients@visioncompliance.ch.

Amendment of Terms and Conditions

VisionCompliance SA reserves the right to modify these Terms and Conditions at any time without notice. The new Terms and Conditions come into force as soon as they are published on the website visioncompliance.ch.

After the publication of the amended Terms and Conditions, the mere use of a Product by an already registered Customer is tantamount to full and complete acceptance of the content of the new Terms and Conditions by the Customer.

Customer who does not accept the modified Terms and Conditions must waive the purchase and use of the Products.

THE CUSTOMER

Who can be Customer and buy the Products

Any adult can become a Customer and buy the Products.

Customer’s IT configuration

The Customer acknowledges having a compatible and sufficient computer configuration with regard to the technical requirements of the Products and admits that the responsibility of VisionCompliance SA cannot be engaged in any way in this respect.

Customer Access to the Products

Customer acknowledges that continuous and uninterrupted access to the Products cannot be guaranteed by VisionCompliance SA. Access may be suspended, particularly but not exclusively, in the event of technical damage or maintenance operations. In this regard, the Customer waives in advance and unconditionally to hold VisionCompliance SA liable for any damage, direct or indirect, arising from the use of the Products.

Actions prohibited by the Client

The Customer is prohibited from carrying out any operation, by any means whatsoever, on the website visioncompliance.ch or on the Products, aimed at undermining the integrity of the site or Products, modifying their content or their operation or to take control of it. The Client is also prohibited from helping a third party to do so.

When registering, the Customer will not allow any identity theft of a third party. Violation of this rule leads to denunciation to the competent authorities.

RECORDING

Recording

By registering on the website visioncompliance.ch, the Customer creates a user account. He is then bound by these Terms and Conditions. The information indicated by the Customer when registering must be accurate and up-to-date. The Customer agrees to create and use only one user account and not to share access with a third party. The Customer also agrees not to use the account of a third party to purchase or access a Product.

In the event of theft of his access credentials, the Customer shall promptly notify VisionCompliance SA at the following address: clients@visioncompliance.ch.

Unilateral termination by VisionCompliance SA

In the event of proven breach by the Customer or if VisionCompliance SA has reasonable grounds to believe that the Customer is not in compliance with one or more provisions of these Terms and Conditions, VisionCompliance SA may, in its sole discretion and without notice, prohibit Customer access to the Products without compensation even if the ban 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 the PERSONAL use of the Product purchased. This use is non-exclusive, non-transferable and limited in time. The Product is only accessible online on the website visioncompliance.ch. The purchase of the Products does not entitle the Customer 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 (transmission of access identifiers to a third party or use of any other unfair way of the website visioncompliance.ch) will lead to the immediate and unpaid suspension of the Product (s) already purchased. 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 range from 30 days to several months depending on the product purchased. The duration is indicated on the product presentation page on the website visioncompliance.ch.

PRICES OF PRODUCTS

Prices

Purchases are offered at the rates in effect at the time of purchase and the conditions of use indicated in the description of the training. Rates do not include fees charged by the telephone or Internet operators for accessing the Products from a fixed or mobile terminal of the Customer.

Payment is due at the time of the order.

Reference currency

Prices are quoted in Swiss francs, except for any transmission charges, order processing or fees charged by the payment intermediaries or any other party involved in the transaction.

Accepted methods of payment

Accepted methods of payment are MasterCard, Visa and American Express.

Cancellation and refund

Any order can be canceled before payment. As soon as the Product is purchased, it will not be refunded subject to technical defects. In this case, contact clients@visioncompliance.ch. VisionCompliance SA advises the Customer to read the description of the training before making a purchase.

INTELLECTUAL PROPERTY

Products remain the property of VisionCompliance SA

The purchase or use of a Product gives neither ownership nor intellectual property rights over the Product. All elements of the visioncompliance.ch website and the Products, including but not limited to content, text, images, software, audio and video files, remain the exclusive property of VisionCompliance SA. Notwithstanding the previous sentence, certain Products have been co-developed by VisionCompliance SA with third parties under cooperation agreements setting ownership allocation between VisionCompliance SA and such third parties. The Customer has no right to transmit to third parties, to distribute, translate or reproduce all or part of the content of the Products, in any way whatsoever.

Copy and Marketing of Products

Any copy of the Product even partial is strictly prohibited. The purchase of a Product does not allow its marketing by the Customer or a third party.

Course materials

Course materials printed by the Customer from the website visioncompliance.ch are the property of the Client except intellectual property rights prohibiting their partial or total reproduction of the document (s) by any means whatsoever to the attention of third parties. For the avoidance of doubt, screen captures of the course content is not authorized and subject to intellectual property protection.

Video and audio files are not considered downloadable documents and are protected by intellectual property rights.

Comments, suggestions, testimonials

The comments, ideas, suggestions or testimony of the Customer are welcome. By forwarding them to clients@visioncompliance.ch, the Customer grants the right to VisionCompliance SA, but without obligation, to use them without restriction and without compensation for the Customer. Their public use requires VisionCompliance SA to be anonymized from the source except in the case of agreement with the Customer.

TRAINING

Withdrawals or modifications of Products

VisionCompliance SA reserves the right to remove Products from its catalog presented on the website visioncompliance.ch 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 during its / their purchase.

The modifications made to the training courses are immediate and also concern the Products already purchased by the Customer.

Training Credit

The purchase of a Product or the successful completion of the training exercises of the website visioncompliance.ch does not entitle to any credit training or official attestation of knowledge acquired.

When the Client has passed the test of the training he has carried out, he can print a document certifying that he has passed the test related to this training. The pass rate on the test is 80%. The Customer can perform the test several times.

DATA PROTECTION

VisionCompliance SA has published a policy of protection of personal data. The document is available here as well as in the “Information” section at the bottom of the visioncompliance.ch website. This privacy policy is an integral part of these Terms and Conditions.

LIABILITY

The (co-)owners or developers of the Products do accept any liability as to the use made of the knowledge acquired pursuant to the purchase of the Products. The (co-)owners or developers of the Products will endeavor to keep the technical content (i.e. regulatory, tax content) up to date, without accepting any liability if such content is not up to date during the period the Products are made available to the Customer.

APPLICABLE RIGHT

Divisibility

In the event that any provision of these Terms and Conditions is deemed void, unenforceable or otherwise inapplicable, only such provision shall be severed from the Terms and Conditions, the remaining provisions remaining in force without modification to the remainder.

Entirety

These Terms and Conditions constitute the entire agreement between the Customer and VisionCompliance SA. They cancel and replace any prior agreements between the Customer and VisionCompliance SA relating to the Customer’s registration and the purchase of the Products.

Applicable Law and Jurisdiction

Swiss domestic law is applicable only, with the exception of the Federal Law on Private International Law (PILA).

In the event of a dispute concerning the execution or interpretation of these Terms and Conditions, the courts of the Republic and Canton of Geneva shall have exclusive jurisdiction, with the exception of any appeal to the Federal Court.

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