Terms and conditions of use

24.10.2019

1- Introduction

1.1 Loyco SA (“Loyco”) is a company with its registered office at 8 rue Jacques-Grosselin, 1227 Carouge-Geneva, Switzerland.
1.2 Loyco makes available a platform (the “Platform”) that provides outsourcing services for human resources, insurance support and IT solutions (the “Services”).
1.3 These conditions (the “Conditions”) govern the relationship between Loyco and users registered on the Platform (the “Users”).
1.4 By accessing, using or participating in the Platform, Users explicitly accept these Terms. If you are using these Terms on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on behalf of such entity.

2- Other applicable conditions

Your relationship with Loyco is also governed by other terms and conditions:

• Privacy Policy ;
• the outsourcing contract applicable to your company.

3- Recording

3.1 Registration is open to employees of companies that have signed an outsourcing contract with Loyco.
3.2 Users are required to provide true and accurate information when registering to use the Platform and to ensure that such information (and any additional information required by Loyco) is complete and up to date. Users have direct access to their detailed account data.
3.3 The decision whether or not to accept a registration is made at Loyco’s sole discretion, and Loyco may revoke a registration at any time. Registration will be refused if Loyco has already cancelled a User’s registration following a breach of these Conditions.

4- Use of the Platform

4.1 Users may use the Platform to communicate information and documents to Loyco employees, consult various types of reports and monitor the services provided by Loyco.
4.2 Users are responsible for ensuring that uploaded data that would normally be classified as confidential, business secrets or know-how can be made available on the Platform. Loyco may not be held liable for any recourse or prejudice in the event of non-compliance with this provision by Users.
4.3 Users are responsible for complying with all applicable laws and regulations.

5- Payments

Services are invoiced by Loyco in accordance with the User’s Services contract. Payments must be made in accordance with the detailed information on the invoice.

6- Restricted license

Users are granted a personal, non-exclusive, non-transferable, revocable and non-sublicensable license to use the Platform in the manner authorized by these Terms. Loyco may decide to provide upgrades that replace or supplement the Platform at any time. Users do not receive from Loyco or its licensees any rights to the Platform or any related materials.

7- Restrictions

7.1 Users will not access or attempt to access the Platform in any way other than through the Platform, and will not access or attempt to access an account without proper authorization.
7.2 Users shall refrain from infringing, circumventing, reverse engineering, decompiling, disassembling, copying, reproducing, hacking or manipulating in any way, or any technology, software or security features related to the Platform, and from attempting to do so.
7.3 Users shall not use the Platform for, promote or participate in any activity that is illegal, unauthorized or that would be contrary to any applicable law or regulation and/or these Terms, or that would infringe any right of Loyco.
7.4 Loyco may monitor the use of the Platform by Users at any time in order to ensure compliance with these Terms and any applicable laws and regulations. Any User caught in breach will be barred from accessing the Platform.
7.5 Notwithstanding any other provision of these Terms, Loyco reserves the right to modify, suspend, terminate, limit use or access or disable access to the Services and/or the Platform entirely at any time without notice. Loyco assumes no liability in connection with such action.

8- Account safety and security

8.1 Users are responsible for taking reasonable steps to protect their passwords, account information and other data required to access such storage mechanism(s). Loyco accepts no responsibility for any such loss. Users will take reasonable and appropriate measures designed to secure access to (i) any device connected to the e-mail address associated with their account, (i) their username, password and any other connection or identification element in connection with the Platform. If Users are no longer in possession of any device associated with their account or if they are no longer able to provide their login or identification data, they may lose access to their account.
8.2 Users are solely responsible for any activity that occurs under their password or account and for any access to or use of the Platform by them or any person or entity using their password, whether or not they have authorized such access.
8.3 Users must immediately notify Loyco of any unauthorized use or breach of security of their password or account or any other breach or vulnerability. Loyco shall not be liable for any loss or damage arising from the unauthorized use of a password or account. Loyco reserves the right, at its sole discretion, to determine what constitutes a security breach or vulnerability. Failure to disclose a security breach or vulnerability will be considered a material breach of these Terms.
8.4 Users are solely responsible for their behaviour (and the behaviour of any person using their password).
8.5 Users may not commit any act intended to test or undermine the security of the Services. The shall refrain from, and shall refrain from attempting to, (i) interfere with, modify or disable any functionality or security controls of the Platform, (i) defeat, avoid, bypass, delete, disable or otherwise evade any protection mechanism built into the Platform, and (here) reverse engineer, decompile, disassemble or extract the source code, underlying ideas, algorithms, structure or organizational form of the Platform.

9- Third-party documents

The Platform may include elements from third parties or provide links to third-party websites. Loyco is not responsible for examining the content or accuracy of third-party documents or websites and assumes no responsibility for third-party services. Users agree to use such third-party services at their own risk, and Loyco shall not be liable for any use Users make of such third-party materials, websites or services.

10- Intellectual property rights

The Company retains all right, title and interest in and to all of the Company’s intellectual property, including, but not limited to, inventions, ideas, concepts, code elements, discoveries, processes, trademarks, methods, software, compositions, formulas, techniques, information and data, whether or not patentable, copyrightable or trademarkable, and all trademarks, copyrights and patents based on such intellectual property. Users may not use any of the Company’s intellectual property for any purpose whatsoever without the Company’s prior written consent.

11- Modification of these Conditions

Loyco reserves the right to revise these Terms (including by adding additional terms) at any time. Loyco will announce these modifications and/or additional conditions by publishing a revised version on the Platform. It is the User’s responsibility to consult the Platform regularly for any changes. Users who continue to use the Platform for more than seven days after advertising on the Platform will be deemed to have accepted Loyco’s revision of these Terms. If you do not agree with any modification, Loyco may ask you to stop using the Platform.

12- Communication

By using the Platform, Users consent to receive electronic or written communications and/or notifications from Loyco regarding the Services, their account/information and updates to the Platform.

13- Termination and restriction of access

13.1 If a User does not comply with, or Loyco suspects that such User is not complying with, any of the provisions of these Terms or any applicable laws or regulations, Loyco may, at its sole discretion, immediately and without notice terminate the User’s right of access to the Platform and/or the User’s account. The User shall remain liable for all amounts owed to Loyco in connection with his/her account on the Platform.
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 with immediate effect, without notice, at its sole discretion. Any amount due for Services remains due.

14- Absence of warranties

14.1 The User agrees to use the Platform and all related Services at its sole risk.
14.2 The Platform, related content and other tasks are provided “as is”, “with all faults” and “as available”. Users expressly acknowledge that use of the Platform, related content, Services and other tasks is at their sole risk, to the fullest extent permitted by applicable law.
14.3 Loyco makes no representations or warranties, express or implied, as to the operation of the Platform, related content and other tasks, and disclaims any representations or warranties of any kind, express or implied, including, but not limited to: (a) any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement ; (b) any warranty that the Platform, related content and other tasks will meet Users’ requirements and will always be available, accessible, uninterrupted, relevant, secure, operate error-free or have particular features or functionality; or (c) any implied warranty arising from a course of dealing or usage of trade.

15- Limitation of liability

15.1 Loyco shall not be liable in any way whatsoever to Users except in the case of gross negligence or intentional act.
15.2 To the fullest extent permitted by applicable law, Loyco shall 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, the Platform, related content and other tasks, even if Loyco has been advised of the possibility of such damages.
15.3 To the fullest extent permitted by applicable law, Loyco does not warrant, and disclaims all liability for (a) the completeness, accuracy, availability, suitability, security or reliability of the Platform; (b) any damage to Users’ computer systems, any loss or corruption of data, any attack or interference, any virus, hacking or other security intrusion arising from access to or use of the Platform, or any User data; (c) the deletion of, or failure to store or transmit, any User data and other communications provided by the Platform; and (d) that the Platform will meet Users’ requirements or that it will be available in an uninterrupted, secure or error-free manner. No advice or information received from Loyco or through the Services, whether oral or written, shall create any warranty not expressly given in these Terms. Users are responsible for backing up their own systems.
15.4 Users are solely responsible for the storage of their passwords and other login information. Loyco cannot be held responsible for lost passwords.
15.5 To the fullest extent permitted by applicable law, neither Loyco nor any of its directors, officers, employees, affiliates, agents, subcontractors, managers or licensors shall be liable to Users or any third party for any indirect, incidental, special or consequential damages arising out of the use of the Platform or any other claim in any way connected with 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 they were advised of the possibility of such damages.
15.6 Loyco will take all reasonable steps to protect information submitted to the Platform and Users’ data, but Users understand that information and data uploaded to or transmitted through the Platform is submitted at their own risk and Loyco disclaims any liability related in any way to such information and data, particularly if it involves Personal Data.

16- Miscellaneous

17.1 Entire agreement: These Terms constitute the entire agreement between Users and Loyco concerning the use of the Platform. These Terms supersede all representations, understandings, agreements or communications between Users and Loyco in any form whatsoever. Loyco shall not be bound by any condition or other provision different from or in addition to these Conditions, including any condition or provision submitted by invoice, receipt, confirmation, correspondence or any other document.
17.2 Severability: Interpretation of Terms: If any part of these Terms is invalid or unenforceable, that part shall be construed in a manner consistent with applicable law so as to reflect the original intentions of the parties, and the remaining parts shall remain in full force and effect.
17.3 No Waiver: Loyco’s failure to perform or enforce any provision of these Terms shall not constitute a present or future waiver of such provision or limit its right to enforce such provision in the future. All Loyco waivers must be made in writing.
17.4 Notifications: All notifications or questions relating to these Terms or the use of the Platform should be sent to the following e-mail address: info@loyco.ch.

17- Applicable law and jurisdiction

17.1 These Conditions shall be governed by and construed in accordance with the laws of Switzerland.
17.2 All disputes arising directly or indirectly from these Conditions or, in general, from the contractual relationship between you and Loyco, will be subject to the jurisdiction of the courts of Geneva, Switzerland, subject to a right of appeal to the Swiss Federal Court in cases provided by law.