User Agreement

Thank you for visiting our Website.

 

This User Agreement applies between you, the User of this Website, and Hyper SA, the owner of this Website and doing business as HyperTalent.

 

Please carefully read this User Agreement. By accessing our Website, clicking “Sign Up” or similar buttons, registering, accessing or using our Services and/or purchasing Subscriptions, you are entering into a legally binding agreement or modifications thereof.

 

We may amend the User Agreement at any time without prior notice. We recommend that you visit this page regularly to acquaint yourself with any amendment thereto. The version of the User Agreement governing the terms and conditions of use between you and Hyper SA is that version of the User Agreement published on our Website at the relevant moment.

 

Please note that additional terms and conditions of service apply to those who wish use our Services for professional purposes. If you intend to use our Platform for professional purposes, please contact us at info@hypertalent.com.

 

Your use of our Services is also subject to our Privacy Policy.

 

 

1. Definitions

 

In this User Agreement, the following terms shall have the following meanings:

 

Account: collectively the personal information, payment information and credentials used by Users to access the Platform, it being specified that any payment information will be directly transferred, processed and stored by our payment service providers, with Hyper having no access thereto.

 

Content: any text, image, video, sound, graphics, statistic, metric, rating, data compilation, document, design, layout, process, messaging, software, trademark, logo, business name, inventions, technologies, and any other information that is available on or forms part of the Website, whether registered, registerable or not.

 

Hyper/We/Our/Us: the company Hyper SA, duly registered under the laws of Switzerland and headquartered in Genthod (Geneva), Switzerland.

 

Member: any registered User of our Services having created an Account for personal purposes, to the exclusion of Search Firms.

 

Platform: collectively the online system, logic engine, business rules, software and infrastructure that Hyper makes available to Users through the Website or other technological means, now or in the future.

 

Privacy Policy: our privacy and personal data protection policy, as amended from time to time.

 

Search Firms: any registered User of our Services having created an Account for professional purposes.

 

Services: collectively any Content, information, services, tools, capabilities provided through the Platform (and any other present or future User interface provided by Hyper such as but not limited to mobile applications), whether as part of a Subscription or not.

 

Subscriber: a Member having activated one or more Subscriptions.

 

Subscription: free or fee-based access to one or more of our Services.

 

User:  any person using or accessing the Website, either a Visitor, a Member or a Search Firm.

 

User Agreement: this user agreement, as amended from time to time.

 

Visitor: any unregistered User of our Services.

 

Website: the website(s) and any sub-domains available at www.hypertalent.com.

 

 

2. Intellectual Property Rights - Rights of Use (use for personal purposes only)

 

a. Ownership and License on your Content

 

You as User own the content and information that you submit or upload to the Platform, and you agree to grant Hyper the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, aggregate, distribute, publish, share and process information and content that you provide through our Platform, without any further consent, notice and/or compensation to you or others. While we may edit and make formatting changes to your content (such as translating it, merging it with an equivalent term, modifying the size or layout), we will not modify the meaning of your expression.

 

You agree to and warrant that you will only provide Content that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). We may be required by law to remove certain Content.

 

You may end this license by deleting the Content from the Services, or by closing your Account, it being specified that: a) such termination will not affect rights previously granted (for instance, where such Content has been re-shared by Hyper or other Users prior to termination of the licence), and b) such termination will not prevent Hyper from keeping the Content as part of a general backup copy of its Platform during a reasonable period of time.

 

b. Ownership and License on other Content

 

Copyrights and other intellectual property rights on the Website are the property of Hyper or used with the permission of the concerned owner. By continuing to use the Website you acknowledge that such material is protected by applicable Swiss and international intellectual property and other laws.

 

Each User receives a limited right to access, use and visualize our Website and its Content. This right of use is granted by way of a limited, revocable, non-exclusive and non-transferable license. This license does not entitle the User to sell, republish, redistribute, transmit or (sub)license the Website and its Content.

 

 

3. Privacy Policy

 

Hyper is subject to Swiss laws with respect to the collection and processing of personal data, as well as to EU Regulation 2016/679 (“GDPR”) with regard to the processing of personal data of data subjects who are in the European Union.

 

As a precondition to your use of the Website, you undertake to read our Privacy Policy, which forms an integral part of the User Agreement.

 

 

4. Services Availability and Change

 

Hyper may change, suspend or discontinue the Platform and Services in whole or in part, or change prices prospectively, at its sole discretion. This User Agreement shall continue to apply to any modified version of the Website or Services unless it is expressly stated otherwise.

 

Hyper reserves the right to limit your use of the Services (for instance by deleting specific content or blocking access to the Platform), and to restrict, suspend, or terminate your Account if Hyper believes that you may be in breach of this Agreement or law or are misusing the Services, including (amongst others) the publication or communication through the Website of non-authorized information such as contents that, in our sole opinion, may upset, cause damage to or infringe the system and security network of Hyper or of third parties, or violate third party rights.

 

 

5. User Obligations

 

As User (whether a Visitor or a Member), you agree that:

 

  • You will only create and maintain one Account, which must be in your real name;
  • Your profile information will be truthful;
  • You will use an image that is your likeness as the photo on your profile
  • You will keep your contact information up to date;
  • You will only provide Content or information that does not violate the law nor affect anyone's rights (eg, breaching a contract);
  • You will choose a strong and secure password;
  • You will keep your password secure and confidential;
  • You will not transfer any part of your Account or Subscription(s);
  • You will not create a false identity on Hyper;
  • You will not misrepresent your current or previous positions and qualifications;
  • You will not create an Account and profile for anyone other than yourself;
  • You will not use or attempt to use another's account;
  • You will not harass, abuse or harm another person;
  • You will not disclose information that you do not have the right to disclose (such as confidential information of others, including of your employer);
  • You will not violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • You will not upload anything that contains software viruses, malware, or any other harmful code;
  • You will not copy or use the information, content or data on Hyper in connection with a competitive service (as determined by Hyper);
  • You will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services, the Platform or any part thereof;
  • You will not rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
  • You will not deep-link to our Website or Services;
  • You will not share or disclose information of others without their express consent;
  • You will not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,”, “crawl” or “spider” the Services or any related data or information;
  • You will not use bots or other automated methods to access the Services, add or download Content, send or redirect messages;
  • You will not circumvent any access restrictions that Hyper may have put in place or imposed on you under any circumstances.

 

 

6. Subscriptions

 

Members may activate one or more Subscriptions through our Website. Such Subscriptions and any associated payments are governed by the following terms & conditions.

 

a. Activation and Renewal

 

Subscription services commence on the date of Subscription activation – that is, on the date on which successful payment is made (if required) and activation is confirmed for the selected Subscription plan and period. Upon expiration of your contractual Subscription period, the Subscription will auto-renew on a month-to-month basis until you cancel or change your Subscription.

 

b. Subscription Charges

 

Any applicable Subscription charges commence on the date of Subscription activation. For non-zero charges, your credit / debit card or PayPal account will be billed at activation for an amount covering the full Subscription period (number of months in your selected Subscription period times the applicable monthly Subscription fee). Upon expiration of your contractual Subscription period, your credit/debit card or PayPal account will be billed monthly until you cancel or change your Subscription.

 

Subscription prices are subject to taxes, calculated based on the location of residence that you provide us at the time of Subscription activation.

 

c. Subscription Changes

 

If during the course of your Subscription, you change from one Subscription period or plan to another, your credit / debit card or PayPal account will be billed for an amount covering the full Subscription period of the new Subscription, less any applicable credit for the unused portion of your previous Subscription. The credit shall be calculated as the number of months remaining in your previous Subscription period times the applicable monthly Subscription fee, starting from the beginning of the next whole month of your previous Subscription.

 

 

7. Subscription Cancellation

 

a. Cancellation by Subscriber

 

You may cancel your Subscription at any time after activation. However no refunds can be issued and you will continue to have access to the subscribed Services for the remainder of the Subscription period under way until the renewal date, whereupon access will cease unless you choose to reactivate your Subscription.

 

If you reside in the European Union and your use of the Subscription is limited to personal use, you may qualify for a refund. In such case, you have the right to cancel your Subscription within 14 days after its activation by informing us of your decision by postal mail or at billing@hypertalent.com. If you use the latter (email) option, we will communicate to you an acknowledgement of receipt of such a withdrawal without delay. It is sufficient that you send your cancellation request before the expiry of the 14-day deadline. In such case, your Subscription will end and your access will cease as soon as cancellation takes effect. If you initiated the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

 

b. Cancellation by Hyper

 

Hyper reserves the right to cancel your Subscription at any time. If we cancel your Subscription, you will cease to have access to the subscribed Services from the date of cancellation. You will receive a notification via email and an explanation for the cancellation may or may not be provided.

 

If Hyper’s cancellation is through no fault of your own, you will be refunded any remaining balance of your Subscription fee. Such a refund will be calculated based upon the Subscription fee being divided by the number of calendar days in the applicable Subscription period and multiplied by the number of calendar days remaining until the end of the Subscription period.

 

c. Use of Information after Cancellation

 

In any case, you recognize and consent that Search Firms may conserve and use any information (including personal information) that you submitted and that they were allowed to access prior to Subscription cancellation by you or by Hyper.

 

 

8. Notices, Messaging & Sharing

 

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including telephone or mobile number. You agree to keep your contact information up to date.

 

Our Services allow messaging and sharing of information in many ways, such as through your profile or HyperMails. Information and Content that you share or upload may be seen by Search Firms.

 

Where we have made settings available, we will honor the choices you make about who can access Content or information (eg, limiting your profile visibility). Note that other activities, such as sending a HyperMail, are by default private, only visible to the addressee(s).

 

All messaging communications (HyperMail) transiting through the Hyper Platform between Subscribers and Search Firms are encrypted. However, any communication that is sent to Hyper by Internet shall not be considered as confidential. When you communicate with Hyper via email, you acknowledge that emails on the Internet are not protected. Therefore, by sending important or confidential messages by email in a non-encoded form, you accept the risks of and potential lack of confidentiality of the Internet.

 

Finally, we are not obligated to publish any information or Content uploaded to our Platform and may remove it at our sole discretion, with or without notice. Hyper may be required by law to remove certain information or content in certain countries.

 

 

9. Feedback

 

Hyper makes available throughout the Website ways in which Users can submit feedback. Any feedback that is submitted through the site or via other online/offline channels becomes the property of Hyper. We may use this feedback without compensation for marketing or product improvement purposes, or to contact you for further feedback on the Website.

 

 

10. Website Content and Links to Other Websites

 

a. No Warranty on Content

 

You may encounter inaccurate, incomplete, misleading, illegal, offensive or generally harmful Content on the Platform. You understand that Hyper does not review the Content provided by third parties and declines all liability in this regard.

 

b. Links to other Services and Websites

 

This Website and the Contents may contain links to third party sites not under Hyper’s control. The display or inclusion of links to other websites does not imply any approval or endorsement on the part of Hyper. You are responsible for deciding – at your own risk - if you want to access or use third party services linked from our Services.

 

We recommend that you very carefully read terms and conditions and privacy policies of all websites that you visit.

 

 

11. Disclaimer of Warranties – Disclaimer of Liability

 

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

 

YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

 

the content you provide (directly or indirectly) using the Services;

 

your use of or your inability to use our Services;

 

delays or disruptions in our Services;

 

viruses or other malicious software obtained by accessing or linking to our Services;

 

any security breach, error or malwares including but not limited to any form of cyber-attack or hacking

 

glitches, bugs, errors, or inaccuracies of any kind in our Services;

 

damage to your hardware device from the use of any Hyper Services;

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HYPER EXCEED THE GREATER OF ONE HUNDRED SWISS FRANCS (CHF 100.00) OR THE AMOUNT YOU PAID HYPER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HYPER HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

Hyper makes no guarantee of any specific results from the use of our Services (including our Subscriptions). And Hyper makes no warranty or representation on behalf of the Search Firms with whom you may share information.

 

The Website may also contain information or documents regarding products or services that are not yet available to everyone. Despite the fact that Hyper strives to offer its products and services as widely as possible, the reference to a product or service does not imply that it is or will be available to all Users.

 

 

12. Severability

 

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

 

 

13. Miscellaneous

 

Headings are for reference purposes only and do not limit the scope or extent of such sections.

 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

 

Hyper may transfer its right or obligation under the User Agreement towards a subsidiary or a third party at any time. Such transfer does not require the prior consent of Users and does not give rise to compensation. 

 

The User Agreement may be translated into other languages. In case of discrepancies between the English version and a translated version, the English version shall prevail.

 

In the event of any conflict between this User Agreement and any prior versions thereof, the provisions of this User Agreement shall prevail unless it is expressly stated otherwise.

 

 

14. Jurisdiction and Applicable Law

 

To the maximum extent permitted by applicable law, this User Agreement shall be subject to Swiss substantive law and with regard to the processing of personal data of data subjects who are in the European Union to the EU Regulation 2016/679 (“GDPR”).

 

Subject to mandatory jurisdictions designated by applicable law, the exclusive place of jurisdiction shall be Geneva, Switzerland (subject to an appeal to the Swiss Supreme Court).

 

 

 

User Agreement updated on May 24, 2018.

 

All rights on this User Agreement belong to their author. Any reproduction, without prior license, is strictly forbidden.