General conditions
VERSION 7 - 14 September 2023
Terms and conditions of use
TALK Sàrl (hereinafter referred to as "TALK" or "we") is a company whose purpose is to provide services in the fields of training, communication, media strategy and content production (hereinafter referred to as the "Services") to its clients (hereinafter referred to as the "Clients" or "you"). These Services include the TALK application, which enables simultaneous analysis of relational and communicational phenomena and the development of various skills in self-leadership. It is available on the Apple Store and Google Play and can be used on computers, mobile phones and tablets as well as a web application (hereinafter referred to as the "Application"). In addition, TALK offers seminars and masterclass in the fields of leadership, personal communication, public speaking or media training (hereinafter referred to as "Training").
If you have any questions about these terms and conditions, or if you wish to report any breach of them, you can contact us using the details below:
Talk Sàrl
Chemin de l'Aubépine 1
1350 Orbe
+41 24 441 63 63
direction@talk.swiss
1. Scope of application
These general terms and conditions of use (hereinafter referred to as the "GTCU") govern the conditions under which we provide our Services. By subscribing to our Services, you acknowledge that you have read, understood and accepted these TOU, which are available on our website (talk.swiss) (the "Website") and form an integral part of the contract between you and us for the Services.
We reserve the right to modify these GTC at any time. In the event of a change, the modifications will be published on our Website and, if necessary, you will be informed by e-mail.
The GCU take precedence over the customer's general terms and conditions (even if the latter stipulate otherwise) unless otherwise agreed in writing between the parties.
2. Royalties
All prices for Services (hereinafter referred to as "Fees") are inclusive of VAT for Services subject to VAT, unless expressly stated otherwise. No deduction or set-off is permitted. In the event of termination, any Fees already paid shall remain the property of TALK.
Royalties are payable in advance. In the event of late payment, we may, immediately and without warning, reduce or suspend access to the Services. We will not be liable for any damages arising from the suspension or reduction of access to the Services, including any loss of data that may result.
Unless you agree otherwise, you may cancel your subscription to the Application Services at any time.
3. Responsibilities
3.1 Your obligations
You are responsible for the quality and confidentiality of the password you choose when registering on our Website or the Application, and for any activity generated by your password and account.
If you subscribe to the Services in your capacity as employer and on behalf of your employees or in your capacity as agent on behalf of your principals (hereinafter referred to as the "Sponsor"), you undertake to obtain the consent of your employees/principals for the use of our Application or participation in our Training courses, and to inform them of and ensure their compliance with our Terms and Conditions and our Privacy Statement, which apply in full to your employees/principals as well.
You undertake not to directly or indirectly infringe the Application, our Services or our intellectual property rights, in particular by copying, reproducing, transferring, selling or modifying all or part of their codes.
You also agree to indemnify and hold us, our agents and employees harmless from and against any and all claims, costs, damages, and expenses (including attorneys' fees and court costs) arising out of (i) your use of the Services; (ii) your violation of the TOS; (iii) unauthorized use of your account; (iv) damages arising out of an infringement of third party rights through your use of the Services; and (v) any other cause that results in damages due to your fault..
You also agree to indemnify and hold harmless TALK, its agents and employees from and against any and all claims, costs, damages, and expenses (including attorneys' fees and court costs) arising out of (i) your use of the Services; (ii) your failure to comply with or breach of any provision of the TOS and applicable terms of use; (iii) unauthorized use of your account; (iv) damage arising from infringement of third party rights through use of the Services; and (v) any other cause of damage to TALK.
3.2 Our obligations
We are bound by an obligation of means for the performance of the Services. We endeavour to ensure that the Website and the Services operate reliably and continuously, but cannot guarantee uninterrupted and trouble-free use of the Website and the Services or that they will be free from viruses, defects or errors.
The Website and the Application may be affected by periods of temporary unavailability. If you need to access the Website and/or the Application before a certain deadline, you must take into account the risks of unavailability.
We do not guarantee that the content of the Website or the Application is up to date, available, error-free or will always meet your requirements. Your use of the Website and the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all liability, including for indirect, special, consequential, exemplary or punitive damages, missed reviews, loss of profits, revenue or data.
We shall not be held liable for any damage resulting from the loss, alteration or fraudulent use of data, the accidental transmission of viruses or other harmful elements, or the attitude or behaviour of a third party. We shall not be held liable for (i) the temporary impossibility of accessing the Website or the Application, (ii) misuse of the Website or the Application, (iii) saturation of the Internet network, (iv) possible malfunctions on mobile terminals, (v) in the event of force majeure or an event beyond its control.
In any event, our total liability for all claims arising out of your use of the Services and these TOS, including any implied warranties, is limited to the amount you have paid us to use the Services in the last six (6) months.
4. Our application
4.1 Terms and conditions
Use of the Application is reserved for users who have duly registered on our Website or directly on our Application. By registering, you confirm and warrant that:
- you are at least eighteen (18) years of age or the legal age in your country of residence if this exceeds eighteen (18) years;
- the information you provide when registering online is correct, up-to-date and complete, and that you will keep it up to date;
- You have the right to access our Website and use the Services in your country of residence and in accordance with the laws that apply to you;
- you have a terminal (computer, tablet, smartphone, etc.) with sufficient configuration to use the Application and a broadband internet connection.
The Sponsor ensures that each of its employees/clients registers on our Website and on our Application and that they meet the aforementioned conditions.
4.2 Intended use
By installing and/or using the Application on your terminal (computer, tablet, smartphone, etc.), you undertake to:
- not to violate any legal or regulatory provision or to use the Services for an illicit purpose or a purpose other than that for which it is offered to you, in particular, not to use the Services for sending spam or viruses, sending or consulting pornographic content, content damaging the reputation or image of third parties, content violating copyright or any other illicit content;
- inform us immediately of any fraudulent use of your password or account or any other breach of security, and ensure that you close your account at the end of each session (logout);
- not to act in a way that is damaging or has the effect of damaging the image, interests or rights of our company, damaging the Application or rendering it inoperative;
- never to transfer your account, login or password to a third party;
- not to use the Application on third parties, in particular not to evaluate or analyse other people without their knowledge;
- Your use of the Application, including the information you post, is your sole and entire responsibility. You must not record any sensitive or prejudicial information in the Application. Under no circumstances are we responsible for the content of the data recorded by means of the Application by their users or by third parties.
4.3 Assessment
When the Application is used, different digital evaluation processes are implemented to measure participants' progress:
- Detailed assessmentOnly the participant can consult their skills portfolio and personalised analyses. These results are never given to the Sponsor (company, organisation);
- Cohort evaluationIn the case of training, anonymised statistics on the progress of the cohort are given to the Sponsor (company, organisation) in order to demonstrate the effectiveness of the programmes, the involvement of the participants and the expected results.
4.4 Beta
If you are using a beta version of our Application or any of its features, you acknowledge that this is a trial version, provided free of charge, subject to availability, and waive any claim against us in respect of the Services provided thereunder.
5. Your participation in our training courses
5.1 Behaviour
The Application may be used during our Training sessions, whether these are organised face-to-face or by videoconference. If you use the Application during Training, you undertake to comply with the provisions of the GCU under the same conditions, in particular article 4. supra.
The participants undertake to attend all the Training days, to comply with the instructions agreed with the consultant-trainer and to complete the work proposed, including that to be carried out between the training sessions.
Communication rules are laid down at the start of each Training session. Special attention is paid to kindness and discretion. Each participant is made aware of his or her duty towards others. The trainer retains a duty of discretion, so as not to harm the participants, their employer or our customers, particularly in the coaching work (coaching).
5.2 Training courses
Unless otherwise stipulated, our Training offers are normally valid for one month. Your written confirmation of a Training offer commits you to it and forms a contract between the parties.
5.3 Stakeholders
Our training courses are normally led by a single consultant-trainer. Depending on the case, and the size of the group in particular, a second speaker may be included in the offer. We reserve the right to involve a second speaker at our expense at any time for quality or training purposes.
The choice of trainer is made at our discretion according to the customer's needs. If necessary, we can change the instructor before the start of the course or during the course. The interests of the participants remain the priority.
5.4 Logistics
For in-company training, the logistics are handled by the customer: choice of venue, bookings, invitations, transport, meals and accommodation. We can provide you with a generic seating plan and a logistics list to ensure that the training runs smoothly.
In the case of inter-company Training Courses, we will normally take care of the logistics ourselves, unless the parties agree otherwise. In such cases, logistics-related costs may be billed independently to the customer.
5.5 Shooting
During our Training Courses, and with your agreement, we record video case studies and take photos with the participants so that they can communicate and promote their development.
Elements may also be published on the Internet. In this case, you authorise us to include your company's name and logo in our references.
5.6 Ratings
Each training course is subject to a final evaluation. The evaluation formula is either the customer's or our own. Where a Training department exists on the customer's premises, we can use the original evaluations and we keep a copy.
When the Application is used as part of the Training Courses, the evaluation of the Training Courses may be carried out directly on the Application, in accordance with article 4. supra.
5.7 Cancellation
If you cancel the Training Course up to 50 days before the first day of the assignment (seminar/intervention), rescheduling will be carried out without any consequences, provided that the cancellation or postponement does not incur any costs for third parties.
If you cancel your Training between 50e and the 18e To date, 50% of fees have been requested. From 17e day before the operation, all fees are due.
If the cancellation is due to force majeure (death, disaster, etc.), the Training Course must be rescheduled within 3 months.
Similarly, if we are unable to provide Training on the scheduled date, a new schedule will be proposed within 3 months.
Training orders placed on the Website or the online Application are firm and non-refundable.
5.8 VAT
Fees for standard catalogue training (Swiss Confederation, Cantonal Training Centres, voice recognition, HR certificate) are not subject to VAT. According to the law, as soon as there is a specific adaptation for the client, VAT is applied at the current rate, as for all consulting work.
6. Subcontracting
For the performance of our Services, you authorise us to entrust all or part of them to one or more subcontractors.
In the event that subcontracting involves the disclosure of personal data, we undertake to comply with our obligations in accordance with our Privacy Policy. Privacy statement.
7. Intellectual property rights
The Website and the Services, as well as their content, are protected by Swiss and international legislation relating to intellectual property, in particular copyright and trademark law, as well as business secrecy. In this context, we hold all the intellectual property rights necessary for the operation of the Website and Services, in particular patents which protect our present and future technologies.
Subject to compliance with these GCU, subscription to the Application grants you a simple, non-transferable and non-exclusive licence to use it. These TOS do not grant you any other right, title or interest in or to the Services, third party rights, trademarks, logos and other elements of TALK's identity.
8. Personal data
By using our Website and Services, you provide certain personal data which we process in accordance with our Privacy Policy. Privacy statement. It forms an integral part of our GTCU.
9. Final provisions
9.1 Miscellaneous
Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOS is found to be invalid, in whole or in part, you nevertheless agree that the intentions reflected in the provision will be carried out to the maximum extent possible, and the other provisions will remain in full force and effect.
You may not assign or transfer any of your rights or obligations or sub-contract the performance of any of your obligations. TALK may assign or transfer any of its rights or obligations or sub-contract the performance of any of its obligations to any third party at any time without any consent other than that given in these TOU.
9.2 Place of jurisdiction and applicable law
All issues arising from these GTCU and from the use of the Website and the Services are governed by Swiss substantive law. You accept the exclusive jurisdiction of the courts of the registered office of TALK (Switzerland).
