Terms of Service

These WorkPass software as a service terms (the “Terms”) are effective as of the date you (i) click a button indicating your acceptance of these Terms, or (ii) access or use the Services, whichever is the earlier. These Terms govern your access to and use of WorkPass (“WorkPass”, “we”, “us” or “our”) internal communications software services. The WorkPass Privacy Policy is hereby incorporated by reference. If you do not accept these Terms then you may not use the Services. Any capitalised terms not otherwise defined in these Terms shall have the meanings given in clause 10 of these Terms.

1. Services

  1. WorkPass provides the Services to you solely for the purposes of allowing you to manage your personal identity information of your choice and share the information with others as you require in a secure way. 

  2. In consideration of you granting us a right to use Your Personal Data and Information as set out in clause 2, we shall provide you with access to the Services in accordance with these Terms.

  3. Additional terms and conditions of use of the Services may appear on the registration page or other pages for such Services and such terms and conditions are incorporated into these Terms by reference and are legally binding.

  4. We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services, solely at our discretion.

2. Your Obligations 

  1. You represent and warrant that you:

    1. shall be of age minimum 18 years old or are of the minimum age 16 and are using the Services under the supervision of your guardian; 

    2. shall not use any of the Services provided or any features or attempts to abuse/access/modify/delete or create any User accounts or profiles for the purposes of identity fraud or identity theft; 

    3. shall only access and use the Services solely for the purposes described in clause 1.1;

    4. shall provide all necessary co-operation as may be reasonably required by us in order to provide the Services;

    5. shall ensure that you use the Services in accordance with these Terms and any Terms of use issued by WorkPass from time to time and notified to you, and comply with all applicable laws and regulations with respect to your use of the Services;

    6. shall use all reasonable efforts to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify us. You acknowledge that any use of the Services, are for authorized Users, Members only;

    7. shall not include any Inappropriate Content or Viruses or any other information or material, any part of which, or the accessing of which or use of which would be a criminal offence or otherwise unlawful, including the breach of any Intellectual Property Rights of any other party. We reserve the right but are not obligated to remove such content where, in our sole discretion, we suspect such content to be Inappropriate Content and/or in breach of any laws, regulations and or company policy;

    8. shall not include any personal data which you do not want to be made publicly available including to all other Users and to the extent you do provide such information, neither we shall be liable for any use and publishing of such data within or outside of the Services;  

    9. shall be solely responsible for the accuracy, completeness, design, appropriateness, creation, maintenance, and updating thereof of all Your Data in the use of the Services.  We shall not be liable for any errors or inaccuracies in any of Your Data or beyond the responsibility to accurately reproduce Your Data on your instruction; and

    10. shall be responsible for obtaining all necessary licences and consents required to use Your Data (if any, and including but not limited to those from the owners or licensees of any third party information) and as part of the Services and you warrant and represent that such licences and consents have been obtained; 

  2. When using the Services you shall at all times:

    1. keep a secure passphrase, if required, for use of the Services, change it frequently and keep the passphrase confidential;

    2. conduct your business with the ethical standards, fairness and professionalism consistent with these Terms;

    3. use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.

  3. You shall ensure you shall not:

    1. access, store, distribute or transmit any Viruses during the course of your use of the Services; or

    2. access all or any part of the Services in order to create or build a product or service which competes in whole or part with the Services; or

    3. reverse engineer, decompile, disassemble, modify, license, sell, rent, lease, or otherwise commercially exploit the Services; or

    4. interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; or

    5. create false or misleading representations, User profiles, User accounts, Membership; or

    6. attempt to gain unauthorized access to the Services or content or their related systems or networks; or

    7. at any time in connection with your use of the Services disclose any information concerning other Users that is not already contained in the public domain, except to the extent permitted by such other Users and to the extent that it is not Inappropriate Content.

  4. In the event of breach of this clause 2, We reserve the right, without liability or prejudice to our other rights, to disable your access to the Services.

  5. We shall not be liable in any way whatsoever for any claims or losses, damages or costs arising out of: (i) your breach of these Terms; or (ii) your acts or omissions, including without limitation any negligent or fraudulent acts similar to but not limited by identity fraud and false impersonation, or omissions by you in connection with your use of the Services; or (iii) breach or violation by you of any applicable laws or rights of any third party.

 

3. No Warranty as to Service

The Services are provided “as is” and “as available” without any warranty or support whatsoever except for any support we may offer at our discretion from time to time. We do not make any representations and disclaim all warranties to the fullest extent permitted under applicable law, express, implied or statutory, including warranties, terms and conditions of merchantability, accuracy, correspondence with description, fitness for a particular purpose or use, satisfactory quality and non-infringement. This includes but is not limited to no representation or warranty about our services or products, that the services will be uninterrupted or error free, that the services will be supported, enhanced, updated or maintained and made available.

 

4. Limitation of Liability

  1. The exclusions in this section 4 shall apply to the fullest extent permissible at law but neither party excludes liability for death or personal injury caused by its negligence or that of its officers, employees, contractors or agents; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded by law.

  2. To the maximum extent permitted by applicable law, WorkPass or any of its affiliates, officers, will not be liable in connection with these Terms for lost profits or anticipated savings or goodwill or loss of revenue or lost business opportunities, or lost job placement opportunities, reputation damage, loss of use or loss of data (including corruption of data), or cost of procurement of substitute goods or services arising of these Terms or any indirect, incidental, consequential, special or punitive damages, howsoever caused and under any theory of liability (including contract, tort, negligence or otherwise), even if the other party has been advised of the possibility of such damages. WorkPass or any of its affiliates or officers or subsidiaries will not be liable to you in connection with the use of Services based on these Terms for any amount that exceeds any fees paid or payable by you to Workpass or its affiliates or subsidiaries during a calendar year.

  3. In addition to the other exclusions set out in this clause 4, Workpass has no liability where any failure to provide the Services is caused by:

  4. a network, hardware or software fault in equipment which is not under the control of Workpass;

  5. any act or omission (knowingly or unknowingly) of the User;

  6. use of the Services contrary to these terms; or

  7. any unauthorized access to the Services including a malicious security breach.

  8. In the event of any loss or damage to User Data, User's sole and exclusive remedy shall be as set out in clause 4.2.

 

5. Your Data 

  1. You shall own and retain full ownership of Your Data and shall have sole responsibility for the legality, appropriateness, completeness, reliability, integrity, accuracy and quality of Your Data. 

  2. Solely to provide you with the Services, you grant us a non-exclusive, worldwide, right to host, copy, transmit and display Your Data and where applicable to incorporate Your Data with the WorkPass Data only as necessary for us to provide the Services to You in accordance with these Terms.

  3. You acknowledge that we are not permitted to edit and/or modify Your Data and are not responsible for the accuracy, completeness, appropriateness, safety or legality of Your Data or any other information or content you may be able to access using the Services, including without limitation the data of other Users or Members of the Services.  You further acknowledge that any communication with other Users and Members while using the Services is your sole and exclusive responsibility and we will not be held responsible or liable in any way for any copyright infringement or violation, including false impersonation and identity fraud, or the violation of any other person’s rights or the violation of any laws arising or relating to Your Data. 

  4. We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity and availability of Your Data as described in our Privacy Policy. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. You are solely responsible for protecting your passphrases, access credentials and any other credentials used by you for accessing the Services, limiting access to your computers and devices, using Anti Virus software on your computer systems and devices and signing out of the Services when you are not using them and You are responsible if You fail to provide such protections.

  5. We reserve the right to remove any of Your Data which we reasonably believe breaches any laws or regulations, any third party’s rights, any company policy or these Terms and/or is deemed Inappropriate Content.

  6. You have a right to be notified in case of any unauthorized access to Your Data. 

  7. If You install or enable Third-Party Applications for use with Services, You acknowledge that those Third-Party Applications shall be able to access Your Data as required for the interoperation of such Third-Party Applications with the Services and any such access and use of Your Data shall be subject to the privacy policies of such Third-Party Application provider which shall be notified to you.

  8. We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
     

6. Privacy Policy

By using the Services, you acknowledge, accept and agree with all provisions of the Privacy Policy as made available by us to you. You also acknowledge and accept any privacy policy notified to you by any Third Party Applications for use with the Services.

7. WorkPass IP Ownership 

You acknowledge and agree that we and/or our licensors own all Intellectual Property Rights in the Services and all related software and applications, the WorkPass Data. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of our software, Services.

8. Term and Termination 

  1. These Terms are binding on you until your use of the Services as granted in accordance with an agreement between you and us has expired or been terminated, unless earlier terminated if you are in breach of these Terms.

  2. On termination of these Terms for any reason:

    1. all rights of use granted under these Terms shall immediately terminate and you shall cease the use of the Services;

    2. except where we are required by law to retain a copy of Your Data in accordance with applicable law or regulations, we shall destroy or otherwise dispose of any of Your Data in our possession within a timeframe defined by Us but no later than 30 (thirty) days; and 

    3. the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.

9. General

  1. You are contracting with Beekeeper AG, Hönggerstrasse 65, 8037 Zürich, Switzerland.

  2. All disputes arising out of or in connection with these Terms shall be governed by substantive Swiss law excluding the conflict of law rules and the Laws in treaties including but not limited to the Uniform Law on Purchases (Vienna treaty). The Commercial Court of the Canton of Zurich shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms.

  3. The parties are independent contractors and these Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

  4. There are no third-party beneficiaries to these Terms.

  5. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.

  6. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

  7. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may transfer our rights and obligations under these Terms to another legal entity, but this will not affect your rights or our obligations under these Terms. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

10. Definitions 

  • Inappropriate Content: content which (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity including but not limited to identity fraud; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, color, religious belief, sexual orientation or disability; or (f) causes damage or injury to any person or property;

  • Intellectual Property Rights: including without limitation, rights in patents, trademarks, service marks, trade names, other trade-identifying symbols and inventions, copyrights, design rights, database rights, rights in know-how, trade secrets and any other intellectual property rights arising anywhere in the world, whether registered or unregistered, and including applications for the grant of any such rights;

  • Members: means any individual who is authorised by WorkPass to use the Services, for whom use of the Services has been enabled by WorkPass and a valid account created by WorkPass;

  • Metadata / Product Tracking Data: is used internally to continually improve the product by fostering understanding for how it is being used. Product Tracking Data is a type of Metadata in that it tracks the how in the changes to the Personal Data, but not the what. This means that Product Tracking Data is naturally abstracted, and with that fully anonymized;

  • Personal Data: means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

  • Services: our internal communications software as a service offering made available to you to use in accordance with these Terms without charge, including: (i) access to the WorkPass Data; and (ii) access to the WorkPass hosting platform, as may be amended from time to time by agreement between us and/or you;

  • Third-Party Applications; means online applications and offline software products that are provided by third parties and interoperate with the Services;

  • Users: means any individual who is authorised by WorkPass to use the Services, for whom use of the Services has been enabled by WorkPass and a valid account created by WorkPass;

  • Virus: any thing or device (including any software, code, file or programme) which may prevent, impair or otherwise adversely affect the access to or operation, reliability or user experience of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device, including worms, trojan horses, viruses and other similar things or devices;

  • WorkPass Data: any meta data extracted by us from your use of the Services to be used to provide the Services and any feedback or suggestions from you to us relating to the Services; 

  • Your Data: the data and information you provide to us and/or inputted by you into the Service for the purpose of creating a User account, but excluding the WorkPass Data.