Terms of Use

English Version 1.2

The jointcreate platform aims to increase the number and success rate of collaborative innovation projects by building an innovation community. The goal is to bring together the “makers” of this world to realise projects faster and better together in the spirit of open innovation.

1. Introduction

By using our platform, you agree to all terms and conditions. Use of our platform is subject to our Privacy Policy and Cookie Policy. These describe how we collect, use, share and store your personal data.

As soon as you use our jointcreate platform, you enter into a legally binding contract. This is also the case if you use the platform on behalf of an organisation. The contract is concluded as soon as you click on “register” or similar on our registration page, access our platform or otherwise use it. If you do not wish to agree to the user agreement, please refrain from registering or using our platform in any way. If you wish to revoke from this agreement, close your account by sending an email deletion request to info@jointcreate.com and refrain from further use of the platform.

You are entering into this contract with the Central Switzerland Innovation Park Association, the operator (also referred to as “we” or “us”).

We have the right to change this agreement, our Privacy Policy and our Cookie Policy. If we make material changes, we will notify you via our platform so that you have the opportunity to review the changes and, if you do not agree, to delete your account. Your continued use of our platform following the posting of the changed terms will mean that you agree to be bound by the new terms from the effective date.

2. Jointcreate values

 Aufgeschlossenheit

We value and respect different ideas, approaches and competences of all users. We welcome different perspectives and views, seeing them as a crucial input factor for innovation. All suggestions are treated sympathetically and equally. We support targeted, stimulating and constructive criticism to strengthen ideas.

 Fairness

Wir legen grossen Wert auf Ehrlichkeit, Integrität und Transparenz. Jeder Benutzer verhält sich fair gegenüber anderen. 

Engagement

Open Innovation thrives on the contributions of those involved. Users actively contribute within the framework of their resources and objectives. In the sense of the fairness mentioned above, a balance between give and take is strived for on one’s own responsibility.

 Professionalism & Quality

Adherence to an appropriate standard of professionalism is a matter of course for us. When sharing, processing and creating information, results and other output, we always pay attention to high quality.

3. Access

The use of our platform is not intended for minors under the age of 16. To use the platform, you agree to the following:

  • You have reached the “Minimum Age” (as set out below).
  • You only maintain one account on jointcreate.com, which you have created using your legal name.
  • You have not already been restricted by jointcreate.com from using the platform. Creating an account using false information is an infringement of our terms and conditions.

The “Minimum Age” is the age of 16. However, if the law requires you to be older in order for jointcreate.com to lawfully provide you with access to the services (including use of your data) without parental consent, “Minimum Age” means the appropriate higher age.

As an account holder, you agree to the following:

  • You choose a secure password (minimum length: 8, at least one lower case letter, one upper case letter and at least one digit and one special character), keep the password secret and keep it confidential.
  • You are responsible for all actions taken through your user account.
  • You will comply with the law, our values and any direct instructions from the operators.
  • You accept the regulations set by the jointcreate platform regarding intellectual property. The operator assumes no responsibility for securing your intellectual property and excludes any liability for damages resulting from the publication of information by you.

Regarding the relationship between you and other parties (including your employer), your account belongs to you. If Platinum, Gold, Silver License Packs have been purchased by your employer, the party paying for these benefits has the right to restrict access to the benefits as well as your use of such paid services, but has no rights in relation to your personal account.

4. Use

As a registered user of the platform, the following functionalities are available to you:

  • Access to personalised area; your profile with personal details
  • View third party profiles, organisation profiles, advertised projects and events
  • Contacting third parties via chat function
  • Creation and management of a public organisation profile
  • Call for tenders and management of public projects
  • Call for tenders and management of public events

Registered users whose employers have taken out a Platinum, Gold or Silver license package as an organisation also have access to the additional functions included in the packages.

You have the option to create profiles for organisations. To do this, you must confirm that you are an authorised representative of that organisation and have the right to act on their behalf in creating and managing this page.

Our platform allows you to share news and information in many ways, such as through your profile, organisation profile, plans, events and links that you share or post. All information can be seen by other users, visitors or third parties (partly also outside the platform). This does not apply to information that can be explicitly controlled as “public”/”private” via the “disclosure level” function. We respect the decisions you make about what content or information you share and what you do not share.

You ensure that you only provide content and information that does not violate the law or infringe the rights (including intellectual property rights) of others. You also agree that the information you provide is true. The operator expressly rejects any liability claims which could arise in connection with content and information published by you.

We are under no obligation to post any information or content on our service and may remove it with or without prior notice.

5. Privacy Policy

The topic of data protection is very important to us. Here you will find valuable information on your personal data protection.

Scope of application

This privacy statement informs users about the nature, scope and purpose of the collection and use of personal data by the responsible provider, Verein Switzerland Innovation Park Central, Suurstoffi 18b, CH-6343 Rotkreuz, phone: +41 41 531 13 23, e-mail: info@building-excellence.ch, on this website.

Access data/server log files

The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. The access data includes:

  • name of accessed website
  • date and time of access
  • amount of data transferred
  • message about successful retrieval
  • browser type and version, the user’s operating system
  • referrer URL (the URL referring to our website, e.g. Google search)
  • IP address and the requesting provider.

The provider uses the log data only for statistical evaluations for the purpose of the operation, security and optimization of the offer. However, the provider reserves the right to check the log data subsequently if there is a justified suspicion of unlawful use on the basis of concrete indications.

Handling of personal data

Personal data is information that can be used to identify a person, i.e. information that can be traced back to a person. This includes the name, email address or telephone number. But also data about preferences, hobbies, memberships or which websites were viewed by someone count as personal data.

Personal data is only collected, used and passed on by the provider if this is permitted by law or if the user consents to the collection of the data.

Protection of personal data

We have taken technical and organizational security measures to protect your personal data from loss, destruction, manipulation and unauthorized access. Our security measures are continuously revised and optimized in line with technological developments.

When you use a service on our website, your personal data is transmitted to us. To prevent this data from falling into the wrong hands, we encrypt it by using the SSL (Secure Socket Layer) procedure. The SSL procedure is currently the most common and safest data transmission procedure on the internet.

How does the SSL procedure work?

The SSL (Secure Socket Layer) procedure protects data that a customer sends to a company’s server via the internet. SSL provides a threefold protection:

  • Your input to be transmitted is encrypted.
  • It is ensured that the form is only sent back to the server from which it was opened.
  • It is checked whether the data reaches its respective recipient completely and unchanged.

SSL is always used when you see a small (usually green) lock at the bottom left of your browser’s status bar.

Dealing with contact requests

By contacting us via our contact form, the user’s details are stored for the purpose of processing the enquiry and in the event that follow-up questions arise. We do not pass on this data without your consent.

Handling of newsletter data

If you would like to receive our newsletter via our website, we require an e-mail address from you as well as information that allows us to verify that you are the owner of the specified e-mail address and that you agree to receive the newsletter. No further data will be collected. We use this data exclusively for sending the requested information and do not pass it on to third parties.

You can revoke your consent to the storage of the data, the e-mail address and their use for sending the newsletter at any time.

Use of third-party services and content

It may happen that third-party content, such as videos from YouTube, maps from Google Maps, RSS feeds or graphics from other websites, are integrated within this online offer. This always requires that the providers of this content (hereinafter referred to as “third-party providers”) are aware of the IP address of the user. Without the IP address, they could not send the content to the browser of the respective user. The IP address is therefore necessary for the presentation of this content. We endeavor to only use content whose respective providers only use the IP address to deliver the content. However, we have no influence if the third-party providers store the IP address, e.g. for statistical purposes. Insofar as this is known to us, we inform the users about it.

Use of Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider is Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses cookies. The information generated by the cookies about your use of the website will be transmitted to and stored by Google on servers in the United States.

On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent the collection of data generated by the cookies and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

Use of data for a specific purpose

We adhere to the principle of purpose-bound data use and only collect, process and store your personal data for the purposes for which you have provided it to us. Your personal data will not be passed on to third parties without your express consent, unless this is necessary for the provision of the service or the execution of the contract. Your personal data will also only be passed on to state institutions and authorities entitled to receive information within the scope of the statutory duty to provide information or if we are obliged to provide information by a court decision.

We also take internal data protection very seriously. Our employees and the service companies commissioned by us have been obliged by us to maintain confidentiality and to comply with the provisions of data protection law.

Right of information and revocation

You can obtain information about the data we have stored about you free of charge at any time without giving a reason. You can have your collected data blocked, corrected or deleted at any time and object to anonymized or pseudonymized data collection and storage for the purpose of optimizing our website. You can also revoke your consent to the collection and use of your data at any time without giving reasons. To do so, please contact info@building-excellence.ch. We will be happy to answer any further questions you may have about our Privacy Policy and the processing of your personal data. Please note that data protection regulations and data protection practices, e.g. at Google, can change constantly. It is therefore advisable and necessary to keep up to date with changes in legal regulations and the practices of companies, e.g. Google.

Contact

Your trust is important to us. Therefore, we would like to be at your disposal regarding the processing of your personal data. If you have any questions that this Privacy Policy could not answer, please contact us via e-mail at info@building-excellence.ch.

6. Intellectual property

The operator makes no claims to your published content and information or to the results that arise from the use of the platform. However, he is authorised to report on the results and to publish or otherwise pass on excerpts or modified forms thereof. You grant us the following non-exclusive license in this respect:

The worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process information and content you provide through our platform without further consent from you or notice and/or compensation to you or any third party. This excludes organisational profiles as well as projects that have been explicitly declared as “private” via the “disclosure level” function.

Within a specific project, it is possible to define further confidentiality provisions (e.g. non-disclosure agreement). It is your responsibility as a user to proactively initiate the necessary measures outside the jointcreate platform. As the operator, we reject any liability claims that could arise from your failure to take appropriate measures in a timely manner.

The operator reserves all intellectual property rights to the platform. The trademarks and logos used in connection with the platform are trademarks of the respective owners. The brand “jointcreate”, the logos and other trademarks, service marks, graphics and logos of jointcreate used for our offer are trademarks or registered trademarks of the operator.

You are prohibited from using the platform and its contents for any purpose other than that provided for in section 4, Use, without the prior written consent of the operator. The following are expressly prohibited

  • reproduce, adapt, distribute, publish or disseminate the platform/website and its contents
  • extract a substantial part of the data (e.g. by using data mining tools or other data collection tools)
  • copy, modify or create a derivative work; reverse engineer, reverse assemble or otherwise attempt to discover the source code
  • Modify or attempt to modify the Platform/Web Site in any way (other than content created by you as a user)
  • framing or using framing techniques to infiltrate a trademark, logo or other proprietary information (including descriptions of the projects, images, text, layouts or forms)
  • Using meta tags or other “hidden text” with the name or trademark “jointcreate”.

7. Paid services

 When you purchase our fee-based usage offerings (Platinum, Gold, or Silver license packages), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in immediate termination of the paid service. In addition, you agree to the points below:

  • Your purchase may be subject to foreign exchange fees or price differences due to location or currency exchange rates.
  • We may store and charge your payment method (e.g. credit card), even after it has expired, to avoid disruption to our service and to use it to pay for other chargeable use you may purchase.
  • If you purchase a paid license package, your payment method will automatically be charged the applicable fees and taxes for that period at the start of each license period. Please cancel before the renewal date to avoid future charges.
  • The paid license packages are non-refundable. If you cancel your license package, all associated features will expire at the end of your billing period.

8. Communication

You agree that we may send you notices and messages in the following ways:

  • via the jointcreate platform.
  • via the contact details provided by you (e.g. email address, mobile phone number, postal address)

You independently keep your contact details up to date.

9. Availability

We reserve the right to change, suspend or terminate any part of our platform. We also reserve the right to change our applicable prices in the future subject to reasonable notice to the extent permitted by law.

10. Third party content

By using our platform, you may be exposed to content or information that may be false, incomplete, late, misleading, unlawful, offensive or otherwise harmful. We do not generally review content provided by our users or third parties. You agree that we are not responsible for any third party content or information (including other users). We cannot always prevent such misuse of our services. You agree that we are not responsible for any such misuse.

Similarly, the jointcreate platform may assist you in registering for events hosted by users and/or attending such events and/or contacting other users participating in such events. You agree that

  • that the operator is not responsible for the conduct of users or other participants in such events;
  • that the operator does not in any way recommend any particular event which is published on our platform;
  • that the operator does not rate and/or review such events;
  • and that you will comply with the terms and conditions applicable to such events.

11. Exclusion

The operator reserves the right to close your account if you violate this contract or laws or misuse the platform.

12. Disclaimer of warranty and liability

The operator makes no warranty or guarantee with respect to the platform and does not warrant that the platform will be uninterrupted or error-free. The platform (including content and information) is provided “as is” and “as available”. To the fullest extent permitted by law, the operator disclaims all warranties, implied or statutory, including any implied warranties of title, data accuracy, non-infringement, merchantability or fitness for a particular purpose.

To the fullest extent permitted by law, and unless the operator has entered into a separate written agreement which supersedes this agreement, the operator excludes all liability for loss of profits or business opportunity, damage to reputation (e.g. offensive or abusive language), loss of data (e.g. downtime or loss of or changes to your information or content) or any indirect incidental or consequential damages or punitive damages in connection with this agreement.

Operator shall not be liable to you in connection with this agreement for any amount that exceeds (a) the total amount of annual fees paid or payable by you to jointcreate.com during the term of this agreement, if any, or (b) CHF 1,000. exceed.

13. Termination of contract

Both you and the operator may terminate this agreement at any time by notifying the other party. Upon termination, you will lose the right to access or use the platform. Upon termination, the following will continue to apply:

  • We will be entitled to use and disclose your feedback.
  • Members and/or visitors are entitled to further share content and information you have shared through the services.
  • Sections 11 and 13
  • Any amounts owed by either party to the other prior to termination will continue to be owed after termination.

14. Applicable law

The place of jurisdiction is Risch, Canton Zug. Swiss law shall apply.

16. Contact details

Verein Switzerland Innovation Park Central

Suurstoffi 18b, 6343 Rotkreuz

info@jointcreate.com