General Terms & Conditions
1. Definitions
Businesses - Any Client, Enterprise or Employer who adheres to the SaaS Agreement.
Candidate(s) - Any natural person who is potentially the subject of an interview with the Client, triggering a necessity for coordination and interaction with the Client and for whom the latter uses the Platform and Highr’s Services.
Client(s), Enterprise(s) or Employer(s) - Any legal entity or organization under private or public law User that uses Highr’s Services and makes the Platform available to its Employee.
Contract or Contractual Documentation - The user agreement that is entered into between us and you upon your acceptance of the GTCs.
Employee(s) - Any User employed in any form whatsoever by a Client of Highr and authorized by Highr to use the Platform.
GTCs or General Terms And Conditions - These General Terms And Conditions, as the case may be, in the version as modified by Highr.
Highr or us - Highr SA (CHE-260.215.775)
Platform - The secure pages of the Site, accessible only to registered Users following this link: [https://www.app.highr.cloud], and allowing in particular the interactions with Candidates and the organization of the Candidate’s interview.
Service(s) - The services offered by Highr as described in Sections 2.1 and 2.2.
Site - The website at www.highr.cloud and any other domains pointing to this address.
User or you - Anyone using the Platform or any other media powered by Highr.
2. The Services
2.1. Highr’s ambition is to simply and efficiently boost the User’s hiring, by enabling Clients, Enterprises and/or Employers to use Highr’s Services in its favor through the Platform.
2.2. In particular, Highr enables the Client to engage with Candidates and schedule interviews.
2.3. Only registered Users can propose, schedule and interact with the Candidates through the Platform.
2.4. The GTCs apply to all Services offered by Highr. Special provisions may apply to certain Services offered by Highr and are subject to special contracts with the Companies.
3. The Contract
3.1. By using the Platform and Services offered by Highr you agree to be bound by the following Contractual Documentation:
- The present General Terms and Conditions;
- Our Privacy Policy;
- Our Cookie Management Policy;
- Special provisions, including: (a.) the SaaS Agreement (accessible and applicable only to Businesses).
3.2. The General Terms And Conditions, Privacy Policy, Cookie Management Policy and special provisions offered by Highr are an integral part of the Agreement between you and Highr.
4. Using the Platform - In general
4.1. In principle, the Site is accessible to any User, registered or not.
4.2. The Platform is only accessible to registered Users.
4.3. The data that you transmit to us, or that is transmitted to us, when registering for and using our Services is managed in accordance with our Privacy Policy.
4.4. You must be at least 16 years old and capable of discernment for registering and using the Services dedicated to registered Users offered by Highr. We refer you to the terms and conditions set forth in our Privacy Policy for further details.
4.5. It is your responsibility to provide current, accurate and complete information when registering and using the Platform. In accordance with our Privacy Policy, you may correct inaccurate information/data concerning you at any time.
4.6. There is no right to create and maintain a profile on the Platform and/or to participate in it, and we are free to refuse or exclude a User at any time, without giving any reason.
4.7. The Platform requires the use of cookies. These are managed in accordance with our Cookie Management Policy.
5. Use of the Platform - Illegal, Inaccurate or Inappropriate Content
5.1. Highr does not systematically monitor the content posted on the Platform, nor is it obligated to do so. Each User is solely responsible for the content shared on the Platform. When Highr shares information on the Platform in the name and on behalf of a User (including the Candidates), it is the User's responsibility to verify that the information posted on the Platform complies with the information provided to Highr.
5.2. Users undertake not to share illegal content on the Platform, such as racist, pornographic, violent or defamatory content, content violating the rights of third parties, etc. Highr reserves the right to delete any content on the Platform that it deems to be illegal or infringing on its rights or the rights of third parties and to exclude, temporarily or permanently, any User who has posted such content on the Platform, without prior notice.
5.3. Users further agree not to share inaccurate, misleading, obscene, derogatory, offensive or otherwise inappropriate content on the Platform. Highr also reserves the right to delete without notice any content that, in Highr’s reasonable opinion, falls into any of these categories. The User who has shared such content may be temporarily or permanently excluded from the Platform without notice.
5.4. Is available to Users and any third party, on the Site, a contact form to draw Highr’s attention to such content. Users may also draw Highr’s attention to such content through the following email address: legal@highr.cloud
6. Warranty
6.1. Highr makes all reasonable efforts to ensure that the information on the Platform (and the social networks it uses) is accurate. However, Highr assumes no liability in this regard.
6.2. The contents of the Platform do not constitute promises, advice, recommendations, warranties, or authorizations from Highr. They are not intended to be used as a basis for making (or not making) any decision and/or for any use whatsoever. Any User who makes a decision on the basis of, or otherwise uses, the contents of the Platform does so at his or her own risk. Highr expressly excludes all warranties, including in particular any warranty of fitness for a certain purpose and non-infringement of rights.
7. Responsibility
7.1. In general. Subject to mandatory exceptions provided by law, Highr’s liability is excluded for all of its Services and for any content placed by Highr, or its Users, on the Platform.
7.2. Content shared by Users/links. It is reminded that Highr is not obliged to verify the contents and links shared on the Platform by Users and is therefore not responsible for the contents and links contained therein, nor for the consequences of recording erroneous or inaccurate data. Highr expressly excludes liability for the legality, accuracy, truthfulness, quality, timeliness, completeness and/or reliability of the content shared on the Platform and the content of external sites to which links posted on the Platform may point and for the consequences of the recording of inaccurate or incorrect data on the Platform.
7.3. Technical problems. Subject to express commitments to the contrary, Highr declines all responsibility for temporary unavailability and/or malfunctioning of the Site or Platform, whatever the cause.
8. Compensation
8.1. Each User agrees to indemnify Highr, its subsidiaries, affiliates, employees, directors, officers, consultants, representatives, successors or assignees (for the purposes of this section only, "Highr Affiliates") for any damages suffered by Highr or Highr Affiliates in connection with claims by third parties (including other Users) arising out of such User's acts or omissions on the Platform, including but not limited to infringement of third party intellectual property rights or any other violation of third party rights. The indemnification will also cover legal, trial, procedural, expert, negotiation, consulting and any other costs and expenses incurred by Highr and Highr Affiliates for the defense.
8.2. Highr will promptly notify the applicable User in writing of any claim made by a third party against Highr or Highr Affiliates. The Affected User (i) agrees to assist Highr or Highr Affiliates in any legal or other proceedings brought by the allegedly aggrieved third parties; (ii) agrees to provide Highr or Highr Affiliates with all information necessary to defend Highr or Highr Affiliates, (iii) grants Highr or Highr Affiliates the exclusive authority to conduct such defense and/or to appoint a representative of its choice to do so, and (iv) grants Highr and Highr Affiliates, and where applicable their representative, the exclusive authority to enter into a settlement agreement, after prior consultation with the applicable User.
9. Intellectual Property
9.1. The Site and the Platform, including their interfaces and codes, are the exclusive property of Highr and may not be reproduced or otherwise used by Users, except in the context of normal use of the Platform.
9.2. Unless otherwise specified, Highr authorizes Users to reproduce and distribute the contents of the Site and the Platforms created by Highr (e.g., editorial articles), provided they expressly acknowledge Highr as the source of the content in question.
9.3. The User guarantees that he or she has all the necessary rights to post and make public his or her content on the Platform. Insofar as certain content may benefit from legal protection, in particular by copyright or other intellectual property rights, the User grants Highr, free of charge, an unlimited right to reproduce and disseminate such content to the extent necessary for the operation of the Platform and authorizes other Users to make such content public in the same manner as set forth in art. 9.2.
9.4. The User authorizes Highr to use, free of charge and on an unlimited basis, the logos, images, corporate names, trademarks and other information posted by the User on the Platform, to promote its Services on the Site and any other media (including social networks) used by Highr.
10. Miscellaneous
10.1. Inserts and pictograms. For ease of understanding, particularly on the sales pages, Highr may provide information that incorporates all or part of the Contractual Documentation through inserts or a pictogram system. These inserts and/or pictograms are for information purposes only: only the Contractual Documentation is authentic.
10.2. Interruption of the Site, the Platform and all or part of the Services. Highr reserves the right to discontinue the operation of all or part of the Site, and/or the Platform, the offering of certain Services, or part thereof, at any time, permanently or temporarily, without notice.
10.3. Force majeure. Neither the non-performance nor the late performance of its obligations by either party will constitute a default by that party with respect to its contractual obligations, to the extent that the delay or non-performance results from a situation of force majeure (e.g., natural disasters, war, riots, civil unrest, fire, epidemic, pandemic) or other circumstances beyond that party's reasonable control such as technical problems that cannot be attributed to Highr. Computer viruses and hacker attacks against computer systems are considered force majeure, provided reasonable security measures have been taken.
10.4. Assignment. The rights and/or obligations of the User resulting from the Agreement cannot be transferred to another person. The User expressly authorizes Highr to assign its rights and to subcontract any obligations resulting from the Contractual Documentation.
10.5. Partial nullity. In the event that any provision of the Contract Documentation or any part thereof is or becomes invalid or unenforceable, then neither the validity or enforceability of the remaining provisions or the remaining part of the provision shall be affected or impaired. The User agrees, where appropriate, to replace the invalid or unenforceable provision or part thereof with a valid or enforceable provision that comes as close as possible to the original provision and which, to the extent possible, will achieve the same economic and legal result.
10.6. Entire agreement. Unless a separate agreement provides otherwise, the Contractual Documentation, as described in Section 3.1, contains the entire agreement between you and Highr with respect to the subject matter of these GTCs and supersedes any and all agreements or understandings regarding the subject matter of these GTCs that may have been entered into between you and Highr prior to the effective date of these GTCs.
10.7. No waiver. No waiver by Highr of any of the provisions of the Contractual Documentation (Section 3.1) shall be deemed a waiver of the right to rely on or be entitled to rely on any prior or subsequent breach of the Contract whether the breach is of a similar or different nature.
10.8. Languages. The Contractual Documentation is written in French and English. In case of discrepancy between the versions, the English version shall prevail.
11. Applicable law / Place of Jurisdiction
11.1. The Agreement, and all Contract Documentation, is subject to Swiss law, excluding its conflict of law rules.
11.2. Any dispute arising out of or in connection with these terms and conditions or any other document in the Contractual Documentation shall be subject to the exclusive jurisdiction of the courts of Lausanne, Switzerland.
12. Entry into force / Duration / Amendments to the GTCs
12.1. The Contract and the entire Contractual Documentation comes into force for a given User as soon as the User accepts the GTCs, it being specified that any use of the Platform constitutes tacit acceptance. The Contract shall remain in force as long as the User uses the Platform.
12.2. Highr reserves the right to modify the GTCs at any time. Highr will publish the modified version on the Site and Platform and will notify Users of the new GTCs by e-mail, pop-up window, or other method of its choice. In the event that the User does not agree with the modifications, the User may terminate the Contract by ceasing all use of the Platform with immediate effect. If the User continues to use the Site or the Platform, the latest version of the GTCs shall be deemed accepted by the User.
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