These general terms and conditions aim to govern relations between the Free Easy Way network and any person or body engaging the services it offers (hereafter referred to as the 'user').
In the context of these general terms and conditions, the following terminology is understood to indicate:
a. " Free Easy Way ": the www.freasyway.com / .ch, .eu, .org, .fr website, other Free Easy Way websites or websites for associate brands (including sub-domains, international versions, widgets and all future development);
b. "services": any feature offered by Free Easy Way on its websites, associate brand websites or partner websites;
c. "applications": all software made available by Free Easy Way on its websites, associate brand websites or partner websites;
d. "user": any person or company employing the services offered by Free Easy Way or wishing to do so;
e. "active user": any user who has connected to his/her Free Easy Way account at least once in the course of the past month;
f. "advertiser": any person or company wishing to use Free Easy Way for advertising or marketing;
g. "third party": anybody who consults Free Easy Way but is not considered a user or an active user;
h. "information": all data concerning users and active users, the content they post on Free Easy Way and any activity (logs and activation of hyperlinks) they carry out on Free Easy Way;
i. "data": all personal details which users or third parties can gather from Free Easy Way or provide to Free Easy Way via its services;
j. "to post" or "a post": any information published on Free Easy Way or otherwise made available to Free Easy Way, for example through the use of one of its applications or services.
These general terms and conditions govern judicial relations between Free Easy Way and its users as soon as the latter show an interest in either mobilizing the services proposed by Free Easy Way or purchasing the merchandise it offers. Opening a Free Easy Way account implies acceptance of these inherent terms and conditions.
These terms and conditions of use only apply to relations between Free Easy Way and its users. Transfer of rights and obligations ensuing from these terms and conditions to a third party is subject to acquisition of prior consent from the other party. Transfers as part of a merger, split, transformation or transfer of inheritance are exempt from this agreement. These general terms and conditions do not confer any rights or obligations on third parties, provided they have not been contracted as representatives or subordinates.
With the exception of specific clauses for Free Easy Way websites based in other countries or for websites for associate brands or partner websites, these general terms and conditions are applicable wherever the user lives or from wherever he/she accesses Free Easy Way. Users living in a country under an embargo from Swiss authorities prohibiting commercial relations or access to Free Easy Way from that country cannot undertake any economic activity on or via Free Easy Way.
Free Easy Way endeavours to create a community without borders, with harmonized standards for all users, respecting state laws and regulations. A user accepts that information about users can be transferred to Free Easy Way websites based in another country to the one where he/she opened his/her Free Easy Way account or where he/she mobilizes services or applications offered by Free Easy Way.
Access to Free Easy Way services is subject to fulfilment of the following additional conditions and requirements:
a. individuals should be over sixteen years of age, able to act with proper judgement and never having committed an offence of a sexual or violent nature or having uploaded, downloaded, diffused, distributed or consulted information considered as illicit representations of violence or hard pornography;
b. companies should be registered in their national chamber of commerce;
c. all users should not have been prohibited from use of computer resources or electronic communications networks by any legal or administrative authority;
d. a user should not have been previously excluded from Free Easy Way.
To become a member of Free Easy Way, each user must fill out the registration form on the Free Easy Way website (welcome page). In completing the registration form, the user accepts these inherent terms and conditions of use. Certain fields on the registration form must be completed with information which is specific to each individual user. This information is saved in the user's own Free Easy Way account. The user vouches that all information provided is valid and does not pertain to a third party. Should any such personal details change, the user must immediately update his Free Easy Way account accordingly. In the event of provision of a false identity or information which is incomplete or invalid or which belongs to somebody else, Free Easy Way reserves the right to close the user's account and refuse all further access to its services.
The user must provide true information concerning his/her particulars, such as family name, first names, age, gender, marital status and nationality. The user must respect the following precautions:
a. do not provide false information concerning his/her identity or information pertaining to someone else;
b. create one personal profile only;
c. do not employ an inappropriate user name, in breach of the law, belonging to someone else or protected by rules and legislation concerning intellectual property, trademarks, trade names and logos, commercial or human rights;
d. should Free Easy Way withdraw a profile, a user may only create a new profile with Free Easy Way permission;
e. do not use his/her personal profile for business enterprise;
f. regularly update his/her data;
g. do not give his/her password, secret key or any other means to access his/her user account to a third party. Do not behave in any way which may compromise security of his/her account. Should a password be lost or forgotten, Free Easy Way will create a new password and send it by registered post to the user's address. This password can be modified by the user as soon as he/she logs in to the Free Easy Way network again;
h. an account may not be transferred without prior written consent from Free Easy Way. Free Easy Way accepts no liability in case of non-compliance with this clause;
i. do not send or post any commercial communication without prior permission from Free Easy Way;
j. do not obtain or solicit information concerning other users or the information they publish;
k. do not identify third parties who do not use Free Easy Way nor send them electronic messages without their consent;
l. do not access Free Easy Way via automated robots or spiders without Free Easy Way prior consent;
m. do not create a hierarchy or pyramid structure on Free Easy Way, especially for commercial gain nor incorporate a Free Easy Way account in such a model;
n. do not download a virus, parasite, Trojan or other malicious code;
o. do not request connection details or access to another user account;
p. do not threaten or harass other users or third parties or slander them in any way via a Free Easy Way account or any services offered by Free Easy Way;
q. do not post illegal or immoral information, especially if such information incites hatred, violence or the violation of human rights, undermines public or state security or contains violent or pornographic images, nudity, threats or constraints;
r. do not use a Free Easy Way account or services for any illegal, malevolent or discriminatory activity;
s. do not develop or run applications without age restrictions if they contain or promote alcoholic drinks, tobacco products or items of an erotic nature;
t. do not suggest contests, lotteries, drawing lots or any other form of competition without prior written consent from Free Easy Way. Should Free Easy Way give its approval for such promotions, users must adhere to all applicable judicial clauses as well as any additional conditions set by Free Easy Way. Free Easy Way accepts no liability in this regard;
u. do not act in any way which may deactivate, disrupt, hinder or impede Free Easy Way services, such as the use of e-bombing or disavowal of service, nor incite or encourage such behaviour by other users or third parties;
v. do not give public access to any information protected by law, especially concerning intellectual property, trademarks and trade names, designs or logos or considered as unfair competition. Free Easy Way cannot be held liable in such cases.
Free Easy Way endeavours to provide services of the utmost reliability, but accepts no responsibility in the event of technical problems, in particular those linked with web hosting services, accessibility, electronic communication networks or electricity supplies. Free Easy Way cannot guarantee lawful use of its services and applications by users or advertisers. Unless specifically stated aside from these general terms and conditions, Free Easy Way cannot guarantee all products and services acquired from or via Free Easy Way. Free Easy Way is not liable for illicit information published on user space, via such space or Free Easy Way applications and services. Free Easy Way accepts no responsibility for damage suffered by a third party as a result of abusive use of Free Easy Way, including storage, diffusion or distribution of any information which constitutes a penal offence, libel, violation of intellectual property rights or regulations protecting trademarks, trade names, designs or logos or concerning unfair competition or for disruption or unavailability of Free Easy Way, Free Easy Way services or applications. Exemptions from guarantee and responsibility, as detailed in specific clauses of these general terms and conditions, are valid for any person or company officiating on behalf of Free Easy Way, in particular its staff, management, board members and legal or contractual representatives.
In collaboration with H-Technologies SA, Free Easy Way offers full customer support (advice) within 24 hours, with requests treated in chronological order of receipt (ticket system).
Free Easy Way endeavours to offer a safe service, but cannot guarantee absolute security. A user accepts full responsibility for the use of Free Easy Way services and in particular for the content, information and data he/she posts, downloads or makes available for download. Free Easy Way accepts no responsibility for any such content, especially if it constitutes a penal offence, libel, violation of intellectual property rights or of regulations concerning trademarks, trade names, designs or logos or concerning unfair competition (hereafter referred to as intellectual property and associated rights).
By default, a user cannot contact another user nor view any information he/she inserts. Should a user wish to make his/her profile public and be contacted by other users, he/she must deactivate the default settings (see 'Account Settings'). Free Easy Way recommends users exercise caution in choosing the other users with whom they wish to communicate.
Services offered by Free Easy Way are constantly updated and hence may be changed without notice. Free Easy Way reserves the right, at all times and without notice, to:
a. interrupt services, applications or secondary services, either temporarily or indefinitely;
b. impose limits for use and storage at Free Easy Way discretion.
Any information a user provides (data, content such as photos, videos, files etc) is confidential and belongs solely to the eligible party. Free Easy Way commits not to surrender such information to third parties and especially not for business purposes. Exception may be made if information is required by an administrative or judicial authority, within legislative rights (see our Confidentiality Policy). In mobilizing Free Easy Way services, a user gives his/her authorization for the collection and transfer of such data to Switzerland, France or to other countries for storage. Free Easy Way may need to make service announcements or post administrative messages. Such communication is considered part of the services included in a Free Easy Way account and hence may be mandatory.
All information posted or inserted by a user in Free Easy Way services belongs to that user. This user maintains all rights to his/her information, provided he/she is the legitimate owner.
A user may delete his/her account or any information it contains at any time and without notice. Deleted items are permanently deleted and cannot be retrieved. Free Easy Way cannot be held liable in this regard, even if the loss of information is a result of user error. For technical reasons, Free Easy Way reserves the right to keep a backup for three weeks, to enable verification that a user has respected Free Easy Way terms and conditions of use. This backup period is nonetheless subject to regulations and legislation of the country where Free Easy Way is based or where Free Easy Way services are employed. Free Easy Way reserves the right to provide any information required by administrative or judicial authorities. Free Easy Way cannot be held liable for transferring such information, especially if this information leads to judicial proceedings or sentencing of the user. After the above-mentioned three weeks, the Free Easy Way cleaning system will delete the backup files and all the information they contain.
Any content or information a user publishes on Free Easy Way is his/her sole property, subject to third party rights. The user holds full responsibility in the event of any violation of these rights. Free Easy Way cannot be held liable in such cases. Free Easy Way agrees not use users' data for advertisement or commercial purposes. However, Free Easy Way retains the right to employ user data to inform users about its website and services, such as additional options, maintenance or reminders about security options. Free Easy Way also retains the right to address a user when necessary, such as in the event of violation of these general terms and conditions or upon the request of a judicial or administrative authority. Should a user publish content or information when user settings are configured to 'everybody', he/she thereby authorizes all other users and third parties to consult this information. In principle, any person or body not considered a 'user' as defined in these general terms and conditions, cannot access the above-mentioned information. Activation of the above-mentioned setting implies acceptance of this clause. Should any information be deleted, article 2.4.3 of these general terms and conditions is applicable.
Free Easy Way pays particular attention to the respect of other's rights, in particular concerning intellectual property and associated rights. Free Easy Way expects its users to show similar respect in this matter. Free Easy Way provides users with the means to protect their intellectual property rights (see page 'How to flag an infraction of intellectual property rights'). A user must not:
a. store, publish, distribute or diffuse content in any way nor partake in any activity on Free Easy Way which could infringe on the rights of others or established laws;
b. use trademarks, trade names, logos or other distinctive Free Easy Way designs or any items which could be mistaken as Free Easy Way designs without the prior written consent of Free Easy Way or of the third party concerned.
Free Easy Way cannot be held responsible for any non-compliance with this clause and reserves the right to withdraw or block any contentious information and inform competent administrative or judicial authorities. Should a user consider the retraction or blocking of such information as unjustified, he/she may address a complaint to Free Easy Way. Free Easy Way shall not negotiate with respect to withdrawn or blocked information once administrative or judicial proceedings have been set in motion against a user or until any decision such as case closure or acquittal has been reached. If a user wishes to obtain information concerning another user, he/she must:
a. obtain the consent of the user in question before collecting, transmitting or distributing any such information;
c. respect rules and regulations concerning intellectual property and associated rights and protection of private property;
d. not publish official documents legally considered as holding secret information or estimated as such by the individuals concerned, or any information, in particular intimate or financial information, liable to harm others.
In the event of non-compliance with these obligations, the preceding clause on violation of intellectual property and associated rights is applicable by analogy.
Free Easy Way is in no way bound by the price of products or cost of services proposed to users either electronically, on paper or by any other means. Indication or publication of such information does not constitute a contractual offer. Prices and costs are net, in Swiss francs and do not include taxes. Variations in prices and costs are to the benefit or expense of the user.
The user assumes all risks and benefits in relation to products and services from the moment an order is confirmed.
All payments made via Free Easy Way or using Free Easy Way credits are subject to these general terms and payment conditions. Should a user suspend his/her Free Easy Way account, his/her user credit will also be deleted and not reimbursed. Free Easy Way cannot be held responsible for the reason for any such loss of credit. Credit will not be reimbursed in legal tender.
If a user employs shared hyperlink features, Free Easy Way may authorise the use of a shared button for Free Easy Way links to allow the user to post information from his/her websites on Free Easy Way. Such authorization is subject to the following additional terms and conditions:
a. the user authorizes Free Easy Way to access these links and allow other users to use these links on Free Easy Way as well as any information they provide;
b. users must not place a shared link button on a page bearing information tantamount to a violation of applicable laws and regulations or of these general terms and conditions.
Free Easy Way offers advertisers and users the possibility to advertise at competitive prices. A user can configure his/her own confidentiality settings to limit the extent to which his/her personal data (name, first names, company, marital status etc.) and his/her profile photo may be linked to commercial information, sponsored content (such as a trademark for which the user has indicated a preference) or any other content distributed by Free Easy Way. A user must give Free Easy Way his/her authorization to link the above-mentioned information to such commercial content. The user can set his/her personal limits. Free Easy Way does not transfer any information about a user to advertisers without prior consent from the said user. Free Easy Way is not obliged to identify communications, information or services offered by advertisers as payable.
Free Easy Way offers a video-conferencing service by means of a webcam. Use of this service is subject to the provision that the user will not disseminate any information in breach of rules and regulations, especially if it incites hatred, violence or the violation of human rights, undermines public or national security or contains violent or pornographic images, nudity, threats or constraints or constitutes a penal offence, libel, violation of intellectual property or protected logos, trademarks or designs or represents unfair competition (hereafter referred to as intellectual property and associated rights). In the event of non-compliance with this clause, article 2.4.3 of these general terms and conditions will be applicable. Free Easy Way accepts no responsibility in such cases. Free Easy Way installs filters to detect disrespect of the above-mentioned provisions. Free Easy Way also offers private video conferencing lounges. However, Free Easy Way is not obliged to comply with requests to access such services. All the above-mentioned clauses remain applicable.
Free Easy Way offers a synchronized messenger space for private discussions. Use of this service is under the same conditions applied to 'Live Meeting', as outlined in article 2.8.1.
Free Easy Way offers commercial users (hereafter referred to as 'advertisers') the opportunity to target clients or prospective clients by purchasing advertising space on Free Easy Way or the H-Technologies Global Services network.
The following special terms and conditions apply if an advertiser places an order via the Free Easy Way online advertising portal:
a. when placing an order, an advertiser must indicate the type of advertisement he/she wishes to purchase, the amount he/she plans to spend and what he/she proposes. If the order is accepted, Free Easy Way will broadcast the advertisement in the sequence of orders received, depending on available space on the website and stock. When an advertisement is published, Free Easy Way endeavours to address it to the appropriate target audience, but cannot guarantee this will always be the case;
b. when Free Easy Way considers that a change may improve the efficiency of the advertiser's campaign, Free Easy Way may broaden the targeting criteria;
c. the advertiser must pay the cost of his/her orders as per Free Easy Way payment conditions. The amount due will be calculated on the basis of monitoring mechanisms;
d. all advertisements must respect the clauses referring to content (art. 2.8.1) and Free Easy Way special conditions for advertising;
e. Free Easy Way decides the size, location and position of advertisements;
f. Free Easy Way cannot guarantee the amount of advertisement activity, such as the number of views it will receive;
g. Free Easy Way installs various systems to detect and filter suspicious activity. Free Easy Way is not obliged to control the manner in which users interact with advertisements and accepts no responsibility in the event of click fraud or any other act which may affect the cost of running advertisements;
h. an advertiser can cancel his/her order at any time. It may however take 24 hours before the advertisement is effectively terminated. Any associated costs are to be assumed by the advertiser;
i. the advertisement licence expires once the order has been executed. However, if users or third parties have interacted with advertisements or copied them, advertisements may remain visible until users delete them;
j. Free Easy Way reserves the right to use advertisements, advertisement content and any other information relative to advertisements for marketing or promotion purposes;
k. Free Easy Way reserves the right to refuse or withdraw an advertisement without explanation;
l. if an advertiser publishes advertisements on behalf of another body, Free Easy Way must be assured that the advertiser has all due authorisation to do so. The advertiser guarantees to accept this clause on behalf of the person or body issuing such a mandate. The advertiser holds full responsibility if the legal requirements of these general terms and conditions are not met.
The Free Easy Way service is a training module which aims to promote education and the development of competence, in particular numerical competence, on a world-wide scale.
Free Easy Way allows schools, universities and other educational establishments (hereafter referred to as schools of learning) legally authorized in the country in which they are based as apt to offer educational services of public interest, to make electronic versions of their courses available to all users, free of charge or at competitive prices (considerably lower than the average cost of such services).
Schools of learning must respect all clauses of Free Easy Way Confidentiality Policy (see article 2.5). Schools of learning specifically agree to the following:
a. not to sell, divulge or release any data concerning students or any user having recourse to Free Easy Way;
b. not to use student or user data for commercial gain, unless otherwise agreed in writing.
A school of learning can choose to either sell its courses or make them available free of charge. Free courses are not subject to any commission. Payable courses are subject to a commission of 30% of the sale price, deducted when the sale is confirmed. This percentage may be reduced to between 5 and 15% if the school of learning agrees to a quota by selecting disadvantaged students or users wishing to access such information in developing countries.
The school of learning will issue a diploma or certificate once all requirements of a particular course have been successfully completed.
Free Easy Way cannot be held liable if a school of learning comes into conflict with a student or user or if either party does not respect the specific terms and conditions of use of Free Easy Way. Upon request from either party, Free Easy Way may be called upon to help find an amicable solution to the dispute. Free Easy Way reserves the right to cancel, suspend or delete a school of learning from its network for non-compliance with these terms and conditions.
All advertisements must be transmitted to Free Easy Way offices in writing (electronic mail accepted as such). Free Easy Way verifies all advertisements and will only select those which respect these terms and conditions. Free Easy Way reserves the right to refuse or delay the publication of an advertisement if:
a. there is no space available;
b. the advertiser does not pay the fees incurred;
c. quality diffusion or insertion on the dedicated space is prohibited for technical reasons.
Free Easy Way accepts no responsibility for the refusal or delayed dissemination of advertisements.
Free Easy Way refuses all advertisements of a violent, pornographic, discriminatory or racist nature, inciting behaviour which may breach public interest, such as peace, tranquillity, public and private order and security, which commit or tolerate offenses, constitute a breach of intellectual property rights or unfair competition. Free Easy Way reserves the right to inform competent authorities of any offensive advertisements.
In the event of conflict ensuing from these general terms and conditions and contact between parties, especially between a user or an advertiser and Free Easy Way, both parties shall initially seek an amicable solution to settle differences out of court. Free Easy Way may open a dispute treatment centre, in which case users or advertisers will use this facility as a first option. Swiss law will be applied at all times, with the Vaud county courts as the competent authority. The Swiss federal courts may be consulted when appropriate. Any judicial proceedings against Free Easy Way resulting in the closing of a case, a settlement or sentencing of the plaintiff, denouncer, accusing party or a third party may result in the user or advertiser initiating the proceedings owing compensation to Free Easy Way. Compensation shall include judicial and administrative expenses, fees and outlays, lawyers' or advisors' fees and any costs owing to material damage.
These terms and conditions of use were decreed in their original French version. They may be translated into other languages. Only the original French text is legally binding.
These general terms and conditions take effect as of xx. Contracts agreed prior to this date are governed by their specific conditions or agreements and Swiss law. Free Easy Way reserves the right to modify these general terms and conditions of use at any time and without notice. In the event of such modification, the terms and conditions agreed at the time of signing a contract remain effective.
Last update : 10-04-2013
CH-1012 Lausanne - Switzerland
(PS) data automatisé, modification texte sur local