TERMS OF SERVICE
This document presents the terms and conditions under which one can access and use the EnOne platform (hereinafter “EnOne” or “En1”), an on-line web-based service, provided “as is”, managed by EnOne AG, a limited liability company, operating under Swiss Law, with its headquarters in Switzerland, Lerchenbergstrasse No.125, Erlenbach, Zurich (hereinafter the “Company”).
EnOne is designed as a closed, based on invite, international community of entrepreneurs who learn, connect and inspire each other to be successful, live a fulfilled life and make a great impact. EnOne interconnects entrepreneurs across the globe and assists them in developing new personal and professional skills, improving existing skills, discovering new people, by providing access to educational materials, on-line courses, to personal coaches or trainers and to on-line and offline events.
The Company has the right to modify the content of this document at any time, the latest version can be consulted at any time by accessing the dedicated section, the applicable version of this document being the one published on EnOne at the date of reporting. If one does not agree with the modified Terms and Conditions, one may at any time stop using EnOne. Continuing to use EnOne after the modification of the Terms and Conditions leads to the implicit acceptance of the Terms and Conditions as modified.
Any reference to the singular also includes the plural and vice versa.
1. User: individuals, at least 18 years old, compliant with the legal provisions in force regarding the use of information society services, who access EnOne in order to view and explore its content, a visitor of EnOne. Users may not have access to all the features of EnOne.
2. Member: Users who register / create an account with EnOne. To become a Member, a User may have to be invited by the Company, by other Members or by other persons authorised by the Company to distribute invites. The Company has the right to unilaterally determine, at any time, if a Member meets the Company’s criteria for membership. A Member is also a User, but a User is not automatically a Member.
3. En1 Guide: a representative of the Company acting as liant between Members, Coaches, Trainers, Mentors, as arbitrator if any disagreements within EnOne occurs and generally acting for organizing the events/sessions on EnOne and everything the platform represents.
4. Coach / Trainer / Mentor: individuals with expertise on different/particular topics who are willing to share their expertise with the Members on-line (via internet), in private or group sessions. Specific sections of EnOne are dedicated to private/group sessions.
5. Profile: section of EnOne that allows Members to access, modify, update, share their personal and professional data, to view and create Connections, to view the Subscription Plan and to make changes to it, to view their progress on EnOne etc. In order to change the password or to personalize features of EnOne, Members may have to access the Settings page.
6. Connections: section of the Profile that allows a Member to view other Members and to get in touch with them. A Member may have the possibility to look for and ask other Members to get in touch or to be asked by other Members to get in touch. Requests for connecting create no obligation for other Members to respond or to connect with the initiator of a connection. A Member can at any time decide to end a Connection.
7. Subscription Plan: represents a regular fee that a Member may have to pay in order to use EnOne. Depending on the chosen Subscription Plan, the Member may benefit from additional features and services of EnOne. Information regarding payment is available in in the dedicated section of this document. Some of the features or Relevant Experience may not be included in the Subscription Plan and additional payments could be required. The types of Subscription Plans and what they provide for the Members are listed in the Become a Member section of EnOne.
8. Agreement with the Company: a distance agreement for the use of EnOne, concluded between the Member/ Coach / Trainer / Mentor and the Company, without the physical presence of neither party. By registering with EnOne, the Member/ Coach / Trainer / Mentor (personally and/or on behalf of a legal entity) enters into a binding legal agreement with the Company, under these Terms and Conditions to access and benefit from EnOne’s features, Relevant Experience and content in general, respectively to offer their expertise, in different forms (the “Services”). If one does not agree with the agreement or wishes to terminate the agreement, one can do so by closing the account and no longer using EnOne. The Company has the discretional right of choosing the persons registering/authentificating on EnOne and may, at any time, unilaterally terminate the Agreement.
9. Relevant Experiences: educational materials, information, events, courses, classes, meetings, coaching / training/ mentoring sessions (one-to-one, group sessions) and any other materials, activities and / or functions available on EnOne and that could be accessed by Members and offered by Coaches/Trainers/Mentors.
10. Content: (a) all information on EnOne that can be visited, viewed or otherwise accessed; (b) the contents of any e-mail sent to the User / Member by an En1 Guide, by electronic means and / or any other available means of communication; (c) any information communicated to the User / Member by any means by an En1 Guide, in accordance with the contact information provided by the User / Member; (d) information related to Members, Coaches / Trainers/ Mentors, Relevant Experiences, campaigns, and / or tariffs charged by the Company and / or by a third party with which the Company has concluded partnership agreements, during a certain period; (f) data relating to the Company, EnOne or other privileged data thereof.
11. Notifications/Notices: the means of periodic, exclusively electronic information (e-mail, dedicated section of EnOne) on the educational materials, events, courses, classes, meetings, Campaigns, other advertising messages from the Company or any other notifications that may be of interest to the Members. Preferences regarding Notifications are made by accessing the options provided in the Profile or Settings section or by contacting the Company at the following e-mail address: firstname.lastname@example.org Waiver of receipt of Notices does not imply waiver of acceptance of these Terms and Conditions.
12. Feedback: dedicated section of EnOne that allows the User or Member to submit an evaluation based on personal experience regarding EnOne. In order to provide feedback, the User / Member must fill in his/hers first name and e-mail address.
13. Personal Data: the personal data provided by the Member when registering via e-mail or via LinkedIn, when creating the Profile, when using EnOne: email address, name and surname / username, sex, date of birth, voice, image data collected by cookies etc. Users’ personal data that may be processed consists of first name, e-mail address, data collected by cookies.
14. Misuse: the use of EnOne in a manner contrary to EnOne’s rules, the practice in the field, the regulations and the legislation in force or any other way that may cause damage to the Company and / or its collaborators and / or other Users or Members. Apart from termination of the Agreement, the misuse may attract civil or criminal liability of the person / persons responsible. Misuse includes the publication of obscene, defamatory, threatening or malicious feedback / messages to the Company and / or Users / Members/ Coaches/ Trainers/ Mentors/En1 Guid, and materials or information prohibited by applicable law.
III. Service with EnOne
1. EnOne is accessible from most electronic devices that have a web browser and a stable internet connection.
2. Any User can access EnOne free of charge, as long as it meets and complies with the conditions set forth in this document. A User’s access to EnOne is limited to the following: (i) view the information available on the public pages of EnOne (the ones that do not require the quality of Member); (ii) download free resources, if available; (iii) leave Feedback; (iv) contact the representatives of EnOne; (v) registering if all requirements are met.
Become a Member
3. In order for a User to become a Member, he/she must meet and comply with the following conditions:
a) To comply with the applicable legislation for on-line services, to be an entrepreneur to be at least 18 years old;
b) To use a device capable of running a web browser and to be connected to the internet;
d) To provide real data when registering and to act in good faith in relation to the Company, the other Members, the Coaches / Trainers;
4. In order to be a Member of EnOne, a User must follow these steps:
a) To register with EnOne using the invitation received. The registration procedure consists of filling in the data required by EnOne, creating a password and confirming the account (via e-mail and/or via SMS). For registration the following personal data is required: (i) e-mail address; (ii) first and last name; (iii) date of birth;
b) Alternatively, after receiving the electronic invitation, an User can register with EnOne using the LinkedIn account. By doing so, the Company may access the personal data from the LinkedIn account of the Member. The Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with LinkedIn services. As such, the Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such LinkedIn services. The Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
c) The Company has the right to request additional information or personal data in order to make sure that a Member meets the Company’s criteria for membership;
d) To create the Profile by providing the required information;
e) To choose a Subscription Plan.
5. The Network: By accessing Relevant Experiences, Members will be able to get in touch with other Members, with Coaches / Experts / Mentors, create Connections and develop their own Network;
6. Settings: This section allows the Member to change the password and define his profile.
Termination of membership:
7. The Agreement may terminate at any time: (i) by mutual agreement; (ii) failure to pay the Subscription Plan and any other additional fees within the payment term; (iii) violation of the Agreement; (iv) at the Company’s own discretion, without the need to justify a reason.
Coaches/ Experts/ Mentors
8. Coaches/ Experts/ Mentors are to be assimilated to Members regarding their general conduct on EnOne, interdictions and duties, if no waivers are expressly permitted.
9. The access is made by authentication following a separate understanding, outside the Agreement, of the Company with the Coaches/ Trainers/ Mentors regarding their involvement in EnOne.
10. Coaches/ Trainers/ Mentors are person who contribute to the Relevant Experiences.
11. Coaches/ Trainers/ Mentors can combine this quality with the one of a Member, the rights and obligations differing based on their position at the moment of referral.
IV. EnOne “Dos and Don’ts”
1. Dos: You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
- Provide accurate information to us and keep it updated.
- Use your real name on your profile; and
- Professionally use the Services and have a proper, civilised conduct toward the other participants on EnOne.
2. Don’ts: You agree that you will not:
- Create a false identity on EnOne, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services.
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of EnOne;
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute the posts or other content of others without their permission.
- Violate the intellectual property or other rights of EnOne, including, without limitation, (i) copying or distributing Relevant Experiences or (ii) copying or distributing our technology, unless it is released under open-source licenses.
- Post anything that contains software viruses, worms, or any other harmful code. Imply or state that you are affiliated with or endorsed by EnOne without our express consent (e.g., representing yourself as an accredited EnOne Trainer).
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without EnOne’s consent.
- Deep link to features and contents available on EnOne without EnOne’s consent.
- Use bots or other automated methods to access the Services, add or download contacts, send, or redirect messages.
- Monitor the Services’ availability, performance, or functionality for any competitive purpose.
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
V. Intellectual Property Rights
1. NO content existing on EnOne can be downloaded without EnOne’s prior consent.
2. Members acknowledge and agree that EnOne may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Company, Members agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on EnOne, including any of its Content, in whole or in part, except that the foregoing does not apply to the Members own user content that they legally upload to EnOne.
3. Members will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If a Member is blocked by the Company from accessing EnOne (including by blocking the IP address), the Member agrees not to implement any measures to circumvent such blocking (e.g., by masking the IP address or using a proxy IP address).
4. Any use of EnOne other than as specifically authorized herein is strictly prohibited. The technology and software underlying EnOne or distributed in connection therewith are the property of the Company, its affiliates and partners. The Member agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in EnOne. Any rights not expressly granted herein are reserved by the Company.
5. The Company’s name and logos are trademarks and service marks of the Company. Other Company’s product, and service names and logos used and displayed via EnOne may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms and Conditions or in EnOne should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company’s trademarks displayed on EnOne, without the prior written permission in each instance. All goodwill generated from the use of the Company’s trademarks will inure to the exclusive benefit of the Company.
6. Under no circumstances will the Company be liable in any way for any content or materials of any third parties (including Users, Members, Coaches, Trainers, Mentors), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. The Members acknowledge that the Company does not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via EnOne. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by the Company, in its sole discretion, to be otherwise objectionable. The Members agree that they must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
7. With respect to the content or other materials uploaded through EnOne or share with other Members or recipients, the Members represent and warrant that they own all rights, titles and interests in and to such content, including, without limitation, all copyrights and rights of publicity contained therein.
8. By uploading any user content, the Members hereby grant and will grant the Company and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use their user content in connection with the operation EnOne or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
9. The Members acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about EnOne provided by the Members to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation.
10. Members acknowledge and agree that the Company may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public.
12. The Company respects the intellectual property of others, and asks Users and Members to do the same. If Members, Coaches / Trainers / Mentors believe that their work has been copied in a way that constitutes copyright infringement, or that their intellectual property rights have been otherwise violated, they should notify the Company. The Company will process and investigate notices of alleged violation and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual violation. A notification of claimed copyright violation should be emailed to the Company at email@example.com. The notification must be in writing and should contain the relevant information regarding the violation.
13. In accordance with the applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, Members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to EnOne and/or terminate the memberships of any who violates any intellectual property rights of others, whether or not there is any repeat violation.
VI. Personal Data Protection
VII. Assignment and Subcontracting
1. The Company may assign to and / or subcontract a third party for EnOne services, without the consent of the Users / Members / Coaches / Trainers / Mentors.
1. The Company will maintain the confidentiality of any information it receives, with the exceptions set forth in these Terms and Conditions. The disclosure of the information provided may be made only under the conditions mentioned in these Terms and Conditions.
2. No public statement, promotion, press release or any other disclosure to third parties will be made by the Users / Members / Coaches / Trainers / Mentors regarding EnOne and the contractual relationship with the Company without their prior written consent of the Company.
IX. Force Majeure
1. Neither Party shall be held liable for partial or total non-compliance or delay in fulfilling the obligations assumed, when the respective non-fulfilment or delay was caused by a case of force majeure.
2. The Party invoking force majeure is required to inform the other Party in writing within a maximum of 15 (fifteen) days from the date of commencement of force and is required to take the necessary measures to limit its effects only if these measures are not too onerous.
3. The Party invoking force majeure shall also notify the other Party of the termination of the case of force majeure within five (5) days of termination.
4. If the case of force majeure lasts more than 15 calendar days, either Party may terminate the agreement, by written notice to the other Party, without the intervention of the court and without any obligation to pay compensation in this case.
5. For the avoidance of any doubt, pecuniary obligations arisen from the use of EnOne are not affected by the case of force majeure.
X. Statements and Limitation of Liability
1. The Company declares that it has all the necessary authorizations, approvals, qualifications and experience in order to run and provide EnOne.
2. By using EnOne, Users / Members / Coaches / Trainers / Mentors express their choice and confidence regarding the Company and the services offered by the Company.
3. Users / Members / Coaches / Trainers / Mentors are required to ensure their devices meets the necessary specifications for running EnOne, all costs involved being borne by the Users / Members / Coaches / Trainers / Mentors (compatible devices, active internet connection etc.).
4. Under no circumstances may EnOne be used for purposes other than those mentioned herein. Users / Members / Coaches / Trainers / Mentors understand and agrees that they will not intervene in any way on EnOne for making unauthorized modifications / changes, Users / Members / Coaches / Trainers / Mentors being fully responsible for the damages caused, in case of a violation.
5. The Company will constantly update the relevant information for Users / Members / Coaches / Trainers / Mentors.
6. Users / Members / Coaches / Trainers / Mentors understand that the Company has no obligation to verify, act and is not responsible for:
- the correctness or truthfulness of the data declared by Users / Members / Coaches / Trainers / Mentors who are accessing EnOne,
- the content that is accessed through EnOne,
- the effects of EnOne on any person using EnOne,
- the interpretation or use given by Users / Members / Coaches / Trainers / Mentors to the EnOne content,
- the actions taken by Users / Members / Coaches / Trainers / Mentors as a result of accessing EnOne,
- the content or accuracy, compliance with copyright, legality or decency of the materials / information found on the links external to EnOne.
EnOne is made available “as is”, “with all flaws” and “as available”. The Company does not expressly or implicitly guarantee EnOne. EnOne does not benefit and is not entitled to any warranty, including warranties of merchantability, satisfactory quality, accuracy for any particular purpose or need.
8. Users / Members / Coaches / Trainers / Mentors understand that access to EnOne may cease or be subject to change, the Company having no liability in this scenario.
9. The Company assumes no responsibility for interruptions to EnOne for improvements, maintenance, lack of internet or other scenarios in which EnOne cannot be accessed due to reasons that are not under the Company’s control. Nothin herein can be interpreted as an undertaking of the Company for a 100% functionality of EnOne at all times.
10. The Company will not be liable for any loss suffered by any person using EnOne if this is caused by non-compliance with these Terms and Conditions, nor for indirect, special, incidental damages resulting from the use or inability to use EnOne.
11. For the avoidance of any doubt, the Company cannot be held liable for any indirect loss or damage (including, but not limited to loss of profit, opportunity or image damage), damages of any kind, costs, expenses or claims for any indirect compensation (caused in any way) that Users / Members / Coaches / Trainers / Mentors or any third party may suffer as a result of or in connection with the Company’s fulfilment of any of its obligations and for damages resulting from the use of EnOne. Users / Members / Coaches / Trainers / Mentors agree to release, indemnify and hold the Company and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to their use of EnOne, any user content, their connection to EnOne, their violation of these Terms and Conditions or their violation of any rights of another.
12. By becoming a Member, the User assumes responsibility for maintaining the confidentiality of his/her data (user and password) and for managing access to EnOne, and, to the extent permitted by applicable law, is responsible for the activity carried out on EnOne. The Member will immediately notify the Company if he/she becomes aware of any violation or attempt of violation of his/her account.
XI. Dispute Resolution
1. The use of EnOne, the conclusion, execution and termination of the agreement are governed by Swiss law, which is supplemented where necessary with applicable European law.
2. Any dispute resulting from the use of EnOne will be settled amicably, as proven by documents. If the parties do not reach an agreement, within a maximum period of 60 days from the initiation, the dispute will be definitively resolved by the competent Swiss courts at the Company’s headquarters.
XII. Fraudulent actions
ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF ANOTHER USER / MEMBER / COACH / TRAINER / MENTOR OR TO MODIFY THE CONTENT OF ENONE OR TO AFFECT THE PERFORMANCE OF THE SERVER THAT ENONE IS RUNNING ON WILL BE CONSIDERED AN ACCOUNT OF FRAUD AND WILL LEAD TO THE INITIATION OF LEGAL ACTION AGAINST THOSE RESPONSBILE.