1. Use of service

1.1 Introduction

This document defines the terms & conditions of use, the rights and duties for users and members for the use of the Edoceo service between Edoceo, Mühlebachweg 32, 3053 Münchenbuchsee, representated by Mr. Nello D'Andrea at the same address.

1.2 Agreement with the terms & conditions

Every time the service is used, when a member registers or when an Edoceo service is ordered, the user or member agrees with the terms & conditons of use.

1.3 Definition of a member

A member is a natural person who is not a minor, a legal entity or a corporation which is unrestricted capable of acting, who/which has registered on the Edoceo website.

1.4 Definition of a user

The user is a natural person who is not a minor, a legal entity or a corporation which is unrestricted capable of acting, who/which has not registered on the Edoceo webiste and use services only in the anonymous zone.

2. Registration

2.1 Registration as a member

The registration as a member on Edoceo is free and give the member access to all free or chargeable Edoceo services.

With the registration, a natural person, a legal entity or corporation becomes a member of Edoceo.

The personal details of a member must be at any time complete and correct. In particular, the postal address and the email must be at any time correct. For legal entities or corporation, a natural person must be indicated.

2.2. Checking of the member postal address

Edoceo do spot checks of the member postal address. The checks are done sending an activation code to the member postal address. If the activation code is not confirmed on the Edoceo website within 30 days, Edoceo will revoke the member account and delete all the datas which are related to the member account. No saves of the data are kept by Edoceo.

2.3. No Entitlement for a specific username

The member chooses a username during the registration process. A username must not be a trademark, a word which is protected by intellectual property rights, a company or corporation name, a person last name which is not directly related to the member (own last name).

The username must not contain indications for an email or internet address.

2.4 Username change by Edoceo

Edoceo is at any time entitled to change the username, without indicating a reason, or is entitled to reject or revoke a membership.

2.5. Membership not transferable

The Edoceo membership is not transferable.

3. No entitlement for service use

Edoceo give no entitlement for a registration or the use of the Edoceo services. Edoceo can at any time reject a registration or revoke the membership for a member.

Edoceo give no guarantee for a continuous service and does not guarantee any kind of Service Level Agreement.

3. Edoceo services

3. 1. Reserved changes

Edoceo is entitled at any time to change or remove the request technology, the monitoring logic, all the software components, performance aspects, layout, appearance, data or data supplier without the approval of the members or users.

3.2. Basics

Edoceo is a service which enables request and monitoring on various data suppliers like SOGC, ZEFIX over the internet. An increase of the data suppliers can be done at any time and without approval of the members or users.

3.3. Number of hits limitation

Edoceo can reduce or limit the number of hits for requests by users (anonymous access) or members to ensure the system performance.

3.4. Excessive use

Edoceo can reduce the number of requests for a period of time if the service is used excessively. This can occur at any time and without approval. The service can also be stopped for users or members which use Edoceo excessively.

3.5 Dependence from external data suppliers

The member or user has been informed, that Edoceo is dependent from external data suppliers and can not guarantee the continuation or that the datas are up to date for requests or monitoring purposes.

3.6. Changes or removal of Edoceo services from the anonymous access area

Edoceo can move some or all services from the anonymous area to the registered area.

3.7. Legal validity of the data

All datas, publications, services and functions which are provided by Edoceo, are without any guarantee and without any legal validity. Only datas and publications which are directly provided by the SOGC, ZEFIX, by the competent office or by the data suppliers may have a legal validity.

4. Monitoring

4.1. Monitoring definition

The monitoring describes a computer-based process to compare words defined by the member against the data processed by Edoceo. If the words are found in a publication or entry, then a monitoring hit exists.

4.2 Monitoring configuration by the member

The member can define various terms or words which have to be monitored by Edoceo. If various words are defined in the same set, then this configuration is called monitoring-set.

Edoceo checks the data sources periodically. If a monitoring-set is defined, then all the words within this set must be found in the publication to have a monitoring hit (AND-Relation).

4.3 Limitation of the words number

The number of words or monitoring-sets is not limited. Edoceo can however limit the excessive use and introduce a limitation of the number of words for the monitoring or delay the monitoring run. From a number of 2000 monitored words or monitoring-set, Edoceo can refuse to accept new words or monitoring-sets or can revoke the input of new words or monitoring-set.

4.4 Delay for the monitoring run

Edoceo executes the monitoring run with the due diligence. Edoceo can under technical or organizational circumstances, delay the monitoring run and does not have to inform the member.

4.5 Limited or incomplete monitoring

Edoceo can only process the data from other supplier as the SOGC, Zefix for requests or for the monitoring. As a consequence, a complete monitoring for legal entity, corporation or people is only within the boundaries of the supplied data possible.

Edoceo cannot guarantee that an incorrect spelling may be corrected by the Edoceo Engine, despite proprietary software which is used to try to correct misspelled words.

Edoceo cannot guarantee that the monitoring results correspond to monitored people, legal entity, corporations or words. This is as well in the positive case (monitoring hit found) as in the negative case (monitoring hit not found).

Edoceo may translate the data sources and/or the displayed datas. The monitoring is done in the member language.

4.6 Monitoring results

Monitoring hits are sent electronically by mail to the members email-address.

5. Use of the Edoceo results

5.1. Selling or transmission of Edoceo results from Edoceo services

The selling or the transmission, also if free, of monitoring services or results, of produced data, reports and of any kinds of services provided by Edoceo to third parties is not allowed.

5.2 Abuse control

Edoceo can introduce test data and publication to investigate service abuse. The test data and publication are introduced in the requested or monitored data.

6. Service abuse

When one or more Edoceo services are abused, particularly if monitoring services are sold, Edoceo can revoke the membership of that member and is entitled to delete all the datas, particularly the monitoring lists, words and results.

Scanning the Edoceo website is prohibited. Edoceo data are not available directly to the user or member but are only accessible from the specific data access programs provided by Edoceo. If a user or member gets access to the Edoceo data because of a software bug and can access the Edoceo system by this way, the user or member must inform Edoceo immediately. Every try to read directly the data is considered as hacking. The use of hacking tools is prohibited.

7. Liability exclusion

Edoceo is only liable for direct damages which were caused intentionally or with gross negligence of the contract rules by Edoceo. A liability for direct damages caused by a light fault, for any reasons is, excepted for the applicable laws, always excluded.

8. Intellectual property

Edoceo is a protected brand. The use of the name, logo, font, layout is prohibited.

9. Data protection & transmission to third party

Edoceo respects the swiss data protection laws. Edoceo can collect, analyze data to optimize the system. Edoceo can also transmit the data to third party for marketing campaigns.

10. Membership cancellation

10.1. Cancellation by Edoceo

Edoceo can cancel the membership for a member when the member has not paid the full amount for a service, when the member try to abuse the system, particularly when trying to spread pornography, racism, diffamation or when the member denies to change the username. After the cancellation, all the datas can be deleted by Edoceo.

10.2. Cancellation by the member

The member can at any time cancel the Edoceo membership under some reservations explained afterwards. The cancellation can be done by sending an email to the following email address:

info at edoceo.ch

The prerequisites for a cancellation are the following :

1. All the due amounts for chargeable Edoceo services must be paid completely.

2. When an early cancellation occurs, particularly if the cancellation is done before the expiry date for an Edoceo service has been reached, all the prepaid Edoceo services will not be refunded.

11. Applicable dispositions by partial or total invalidity

When any of the legal regulations in these terms & conditions are partially or totally invalid or not legal, then the other legal regulations or parts of the legal regulations in these terms & conditions are not impacted. Invalid legal regulations will be replaced by other legal regulations which are in the sense & economical way closer to the invalid legal regulations.

13. Changes of the terms & conditions

Edoceo is entitled to changes services, prices, all the components includings these terms & conditions without any information of the members or users.

14. Transfer of rights & duty to third party

Edoceo can transfer some or all rights and duties resulting from these terms & conditions to third parties.

15. Applicable laws and court jurisdiction

Only Swiss laws are applicable. Court jurisdiction is Burgdorf, near Bern Switzerland.