General conditions for the purchase of products on the VisionCompliance website

VisionCompliance SA

VisionCompliance SA is a Swiss company based in Geneva, whose aims are the design, organisation and marketing of professional training courses in virtual classrooms, as well as the creation, production and marketing of digital professional training programmes.

VisionCompliance SA
Rue de Contamines 16
1206 Geneva
Internet: visioncompliance.ch
Contact: clients@visioncompliance.ch

A "Customer" is any person who creates a customer account to make a personal purchase, or a company representative who purchases one or more products for the company and/or for one or more employees of the company he/she represents.

All offers presented on the VisionCompliance website are referred to as "Products".

All Products that are e-learning or digital training courses are referred to as "Online Training".

Publication" refers to all Products that are either accessible in pdf format or delivered by post to the delivery address provided by the Customer. Course materials for online Training Courses are an exception to this rule.

These General Terms and Conditions govern the purchase and use by Customers of VisionCompliance SA products available on its website.

The prospective Customer must first read these Terms and Conditions in their entirety and accept them. No Customer registration can be carried out without acceptance of these General Terms and Conditions. If you have any questions on this subject, please do not hesitate to contact us at clients@visioncompliance.ch.

THE CUSTOMER

Any person of legal age may become a Customer and purchase Products.

The Customer must have a compatible and sufficient computer configuration with regard to the technical requirements of the Products. In the event of a technical problem encountered by the Customer, VisionCompliance accepts no responsibility.

VisionCompliance SA cannot guarantee continuous and uninterrupted access to Online Training. Access may therefore be suspended, in particular, but not exclusively, in the event of internal or external technical problems or maintenance operations. VisionCompliance SA accepts no liability for any such technical problems.

It is forbidden to carry out any operation, by any process whatsoever, on the VisionCompliance Internet site or on the Products, with a view to damaging the integrity of the site or the Products, to modifying their content or operation or to taking control of them. The Customer also refrains from helping a third party to act in this way.

When creating an account, the Customer undertakes not to impersonate any third party. Any breach of this rule will be reported to the competent authorities.

THE CUSTOMER ACCOUNT

By registering on the visioncompliance.ch website, the Customer creates a customer account. The Customer is then bound by these General 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 customer account and not to share 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/her access identifiers, the Customer shall immediately notify VisionCompliance SA at the following address clients@visioncompliance.ch.

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. In such a situation, the Customer may not claim any compensation even if the ban occurs while the Customer has access to one or more Products.

PURCHASE A PRODUCT

The Products are only accessible on the VisionCompliance website. The purchase of a Product grants the right to use the purchased Product either on a personal basis or to employees of the company that he/she represents and that he/she has registered as a user of the Product. This use is non-exclusive, non-transferable and limited in time.

The purchase of an Online Training Course does not give the Customer any right to download or copy the Online Training Course. The purchase of an e-learning course does not make the Customer the owner of the course.

The purchase of a Publication does not give any right to transfer the product to a third party.

Any violation of the non-transferable nature of the right of access (transmission of access identifiers to a third party or use of the VisionCompliance website in any other disloyal manner) will result in the immediate suspension of the Product(s) already purchased without compensation. Civil and criminal proceedings are expressly reserved.

The duration of use of Online Training is limited. This period may range from 30 days to several months depending on the Online Training purchased. The duration is indicated on the product presentation page on the VisionCompliance website.

As soon as a Product is purchased, VisionCompliance cannot verify whether the Product has been consumed or not. For this reason, if the Customer is mistaken in the purchase of a Product or if he has not carried out an Online Training and/or the test within the allotted time, no refund can be requested from VisionCompliance.

PRODUCTS

VisionCompliance SA reserves the right to withdraw Products from its catalogue presented on its website or to modify their content or price. These withdrawals and modifications do not affect the Product(s) already purchased by the Customer during the period of use authorised at the time of purchase.

Changes made to online Training Courses are immediate and also apply to Training Courses already purchased by the Customer.

The purchase of an Online Training course or the successful completion of an Online Training course test does not give the right to any training credit or official certificate of knowledge acquired.

Once the Customer has passed the test for an Online Training course, he/she can print out a document certifying that he/she has passed the test for this training course. The pass rate for the test is 80%. The Customer may take the test several times.

PRODUCT PRICES

The prices of the Products are those in force at the time of purchase and in accordance with the conditions of use indicated in the course description. The prices do not include the charges invoiced by telephone or Internet operators for access to the Products from the Customer's fixed or mobile terminal.

Payment for Online Training and Publications is due at the time of order.

Prices are quoted in Swiss francs (excluding VAT), with the exception of any transmission charges, order processing charges or charges levied by payment intermediaries or any other party involved in the transaction.

The methods of payment accepted for Online Training and Publications are MasterCard, Visa and American Express.

VisionCompliance SA advises the Customer to read the description of the Product carefully before making a purchase. All orders may be cancelled before payment.

Once the Product has been purchased, it cannot be reimbursed, except in the case of a technical fault. In this case, please contact clients@visioncompliance.ch.

INTELLECTUAL PROPERTY

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 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 documents or training courses, whether for internal use or to make them available to third parties.

Any copy or translation of the Product, even partial, is strictly prohibited. The purchase of a Product does not authorise its sale by the Customer or a third party.

Course materials printed by the Customer from the website remain in the Customer's possession, with the exception of intellectual property rights prohibiting the reproduction of all or part of the document(s) by any means whatsoever, for the benefit of third parties. Screenshots of 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, ideas, suggestions or testimonials from the Customer are welcome. By sending them to clients@visioncompliance.ch, the Customer grants VisionCompliance SA the right, but not the obligation, to use them without restriction and without compensation to the Customer. Their public use requires VisionCompliance SA to anonymise the source unless otherwise agreed with the Customer.

PROTECTION OF PERSONAL DATA

VisionCompliance has drawn up a data protection declaration. This declaration is available in the footer of the visioncompliance.ch website.

When a Product is produced in partnership with a third-party expert company or expert, 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, or expert, is not a party to this contract between VisionCompliance and the Customer.

The intellectual property of the Online Training courses concerned belongs to VisionCompliance as regards the technological development of the products and to the third-party expert company as regards the technical content of the product text.

At least once a year, VisionCompliance communicates to the third-party expert Company the name of the Customer, the jointly produced Product(s) purchased by the Customer and the price invoiced to the Customer. The expert only receives the number of orders and the price invoiced.

RESPONSIBILITY

Where the Customer, using its customer account, purchases Product(s) for its employees, the Customer's obligations under these General Terms and Conditions also apply to the employees concerned. The Customer is responsible for informing them of their obligations.

The Products may under no circumstances be considered as a tool for implementing the subject addressed in the Product within the Customer's organisation, as this is the sole responsibility of the Customer.

VisionCompliance endeavours to keep the technical content (i.e. regulatory content, 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.

VisionCompliance accepts no responsibility for direct or indirect damage caused to the Customer by the use of its Products.

VisionCompliance assumes no liability for any different interpretations that may be given by the Customer in connection with the content of the VisionCompliance Product(s) in relation to the regulations. VisionCompliance is not liable for any decisions that the Customer or its employees may make in the course of their activities in situations similar to those presented in the context of the VisionCompliance Products. The limitations of liability described above do not apply in the event of fraud or gross negligence committed by VisionCompliance.

MODIFICATION OF THE GENERAL TERMS AND CONDITIONS

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

Following publication of the amended General Terms and Conditions, the mere use of a Product by a Customer who has already registered is equivalent to full acceptance of the content of the new General Terms and Conditions on the part of that Customer.

Any Customer who does not accept the amended General Terms and Conditions must withdraw from the purchase and use of the Products.

APPLICABLE LAW

If any provision of these Terms and Conditions is held to be invalid, unenforceable or otherwise inapplicable, only that provision will be removed from the Terms and Conditions, and the remaining provisions will remain in force unchanged.

These General Conditions constitute the entire agreement between the Customer and VisionCompliance SA. They cancel and replace all possible prior agreements between the Customer and VisionCompliance SA relating to the purchase of Products on its Internet site.

Swiss domestic law is exclusively applicable, with the exception of the Federal Act on Private International Law (LDIP).

In the event of any dispute concerning the performance or interpretation of these General 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.