Terms & Conditions

1. General

1.1 These Terms of Use / General Terms and Conditions (the "Terms") apply to your (the "User", "You", "Your") use of the HackZurich website https://hackzurichtalents.com and https://hackzurich.com (the "Website"). The services are provided by Digital Festival AG, Neumarkt 17, 8001 Zürich, Switzerland ("HackZurich", "we", "us").


1.2 The Website offers you the opportunity to get to know companies and their culture. On the website you can apply for sessions and events with employees of our partner companies.


2. Signing up

2.1 In order to participate, you must accept these terms and conditions when signing up. By accepting the Terms of Use for the Website, the User sends an offer to enter into a contract of use for the Website (the "Contract"). HackZurich accepts the User's offer by providing the relevant Website services to the User. However, HackZurich is not obligated to enter into any such agreement with the User.


2.2 Only Users over the age of 16 can register and use the Website. If you are under 16 years of age, you are not entitled to use the Website. In addition, the use of the Services is only permitted (i) if the User is an end user and (ii) for non-commercial purposes.


2.3 Use of the Website is free of charge to you.


3. right to use the website; our right to use your content

Upon entering into the Agreement (see Section 2.1), HackZurich grants you a limited, non-exclusive, non-transferable, non-licensable right to use the Website for the intended purpose of the Website and for the duration of the Agreement, subject to the restrictions set out in the Terms of Use (see in particular Sections 4 and 6).


4. restrictions on the use of the services

4.1 You may use the Services and the services provided on the Website only for the intended uses of the Services. Any other use of the Services that is not expressly permitted by these Terms is (i) not permitted and (ii) is not covered by the license granted to you in Section 3 with respect to the Website. In particular, you must comply at all times with the restrictions on use and obligations set out in paragraphs 4.2 to 4.3 and 6.


4.2 The User agrees not to publish any of the content listed below on the Website:

  • illegal or unlawful content;

  • Content that is defamatory, insulting, libellous, morally offensive, obscene or pornographic, that involves discrimination; Content that constitutes a crime and/or (i) violence and/or (ii) terrorism and/or (iii) glorifies or incites racism;

  • Content that contains hate speech or harasses other users of the Services;

  • Content that infringes the intellectual property rights of third parties (such as copyrights, trademarks);

  • Content containing trade secrets of third parties (at least if the disclosure of such information would violate applicable law);

  • Content that insults other users and/or is sexually suggestive;

  • fake news;

We reserve the right to delete User Content and Website User Content that violates the provisions of paragraph 4.2.


4.3 By using the Services, the User agrees

  • not to implement any malicious programs in the Services or otherwise attack the Services and/or the users of the App with (i) data containing viruses, worms, Trojans or other malware and/or (ii) spam messages;

  • not to take any actions that could jeopardize the functionality and/or security of HackZurich's technical infrastructure for the Services (especially actions that overload said infrastructure) and/or impair the appearance of the Services

  • not to assist any third party in creating, building and/or operating any third party platform without HackZurich's express written consent (including, but not limited to, providing third party content to the operators of respective third party platforms);

  • not to modify, alter, translate, reconstruct, decompile, disassemble or otherwise decrypt the source code of the Website or create derivative works based on the Website (except to the extent such actions are permitted by applicable law);

  • not to harass or cause damage to other users of the Website;

  • not to harass, intimidate, stalk or otherwise threaten other users of the Website; not to use any automation systems and/or software to extract data from the Services (including Third Party Content and Service Content (as defined in clause 6.1 below)), in particular if such data is used for commercial purposes and/or published on Third Party platforms;

  • not to assist third parties in extracting Data from the Services (including Third Party Content and Service Content (see definition in paragraph 6.1 below)), in particular if such Data is used for commercial purposes and/or published on third party platforms

  • not to access other users' website accounts without the permission of the respective website users;


5. further obligations of the user

5.1 You are responsible for the content created by you or on your device. We cannot guarantee that all Third Party Content is true and accurate. In general, we do not (proactively) verify that Content posted by a user is (i) true and accurate and/or (ii) in violation of applicable law.


5.2 To prevent your Device and/or Website Account from being compromised by third parties (e.g. by malware), you must take all reasonable security measures.


5.3 If you become aware of security breaches in the Services or material breaches of these Terms by other users, we would appreciate if you report this to our support team (via the contact on the Website).


6. intellectual property rights in the Services

6.1 The "Service Content" is our property or the property of the respective licensor and is protected by copyright, trademark and/or other intellectual property rights ("Service Content" in the sense of these Terms includes all components of the Services, i.e. data and materials, including images, graphics, illustrations, designs, icons, photographs, text and other descriptions, but excluding User Content, website User Content and third party content).


6.2 Any use and/or reproduction of the Service Content without our express prior consent is a violation of applicable law and is prohibited under these Terms and Conditions.


7. availability / system failure

Insofar as this is technically feasible and economically justifiable, we endeavour to provide the services around the clock. However, we cannot guarantee availability. Use may be temporarily restricted if necessary due to capacity bottlenecks, for reasons of security or system integrity or to carry out technical maintenance work with a view to the proper and/or improved provision of the services. In such cases, HackZurich will take into account the legitimate interests of the Customer, e.g. by providing information in a timely manner (if possible).


8. limitation of liability

8.1 HackZurich shall be liable to the User under the provisions of the applicable product liability laws, in case of willful misconduct or gross negligence for injury to life, body or health, if HackZurich assumes any warranty, and in all other cases of mandatory legal liability, in each case in accordance with the statutory provisions.


8.2 In the event of a breach of material contractual obligations (the so-called "Cardinal Obligations") HackZurich shall be liable to the User for any damages incurred. Cardinal obligations are obligations, the breach of which endangers the achievement of the purpose of the contract, as well as all obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance of which you can generally rely. However, if the breach of a cardinal obligation is only caused by slight negligence and does not result in injury to life, body or health, the user's claims for damages are limited to the foreseeable damage typical for the contract.


8.3 In all other cases claims for damages against HackZurich - irrespective of their legal basis, in particular due to the breach of a pre-contractual obligation or obligations arising from the contractual relationship between the User and HackZurich by HackZurich, its legal representatives, employees or vicarious agents or due to tortious acts - are excluded.


8.4 To the extent that the liability of HackZurich is limited or excluded pursuant to Section 8, this also applies to the personal liability of HackZurich's legal representatives, employees and agents.


8.5 The aforementioned provisions in paragraph 8 do not change the burden of proof to the disadvantage of the User.


8.6 User's claims for damages shall become statute-barred after expiry of the statutory limitation periods from the statutory start of the limitation period.


9. compensation

User agrees to indemnify, defend and hold harmless HackZurich from and against any and all losses, expenses, liabilities, damages and claims (including reasonable attorneys' fees) arising out of any culpable breach by User of User's obligations under these Terms and Conditions.


10. references to other websites / contents

Insofar as the Services contain links and references to third parties, in particular to the websites of third parties, we have no influence on the current and future design and content of the linked websites and therefore cannot accept any liability. The use of content provided by third parties is at your own risk. Should you notice that we have linked pages with illegal or questionable content or refer to them in any other way, please let us know so that we can remove the link as soon as possible.


11. data protection

We collect, process and use personal data to the extent necessary in accordance with our privacy policy.


12. blocking of services for users

HackZurich may (temporarily) block the use of the services by the User, in particular

  • in case of misuse or fraudulent use of the Services by the User or in case of reasonable suspicion of misuse or fraudulent use of the Services by the User;

  • if the User does not comply with the essential provisions of these Terms of Use (in particular the provisions of the aforementioned paragraphs 4 and 6); and/or

  • if HackZurich is entitled to terminate the contract in accordance with paragraph 13 above.

  • For the duration of any such suspension of a User's use of the Website, the license granted to the User under paragraph 3.1 above shall terminate.


13. termination of the agreement

The contract is concluded for an indefinite period. The contract can be terminated by either party at any time.


14. contact

For complaints, feedback or questions about the services, please contact our support team (see contact info on the website).


15. miscellaneous

15.1 The current version of the Terms of Use can be viewed on the Websites.


15.2 In certain circumstances HackZurich may need to amend and/or supplement these Terms of Use (for example, if there are changes in the law applicable to the Website). In such event, HackZurich will notify the User of such modifications to the Terms of Use in an appropriate manner. When using the Website, this will normally take place as soon as the Website is (re-)opened by the User. The user will then be asked to agree to the amended terms. If User does not agree or refuses to accept the amended Terms, (i) User has the right to terminate without notice for cause pursuant to Section 13 above, and (ii) HackZurich has the right to (a) terminate without notice for cause pursuant to Section 13 above.


15.3 HackZurich is neither willing nor obliged to participate in any dispute resolution proceedings in a consumer dispute resolution agency.


15.4 These Terms of Use are governed by the laws of Switzerland.


15.5 If any provision of these Terms of Use is held to be invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision must then be replaced by a feasible provision that comes as close as possible to the economic purpose of the invalid provision. The same applies in the event that the terms of use contain loopholes.


Status: September 2019

 

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