Terms and conditions

1. Description

Cofaktory Sàrl provides solutions and services to develop skills, people, teams and businesses.
Among others services, Cofaktory Sàrl provides its clients with digital training courses available on the Internet via a “platform”, hereinafter called “the platform”. Cofaktory Sàrl also provides training sessions and personalized coaching services in the form of face-to-face sessions or remote sessions via various communication means. Cofaktory Sàrl develops training paths that meet specific needs, including regulatory requirements, which can integrate digital and/or face-to-face training activities, as well as other training measures, which are either tailor-made, or off-the-shelf and available directly via Cofaktory’s website.

Whatever advice or recommendations may be given to the user on the appropriateness of following one or another training course, the user remains fully responsible for his or her own decisions actions and training. Where appropriate, it is his/her responsibility to acquire the knowledge and/or follow the training courses that are required by the regulator or by any decision-making body competent to regulate the practice of his profession.

The user is solely responsible for developing his professional skills and maintaining his/her employability. The user remains fully responsible for any action or decision that he/she will take after following Cofaktory Sàrl’s training programs.

2. Stages in the conclusion of the contract for the provision of training services

When the user buys a service, he has access to a certain number of training courses for a duration indicated at the time of purchase.

The content of the purchased service is described on the website and is an offer of service which, once accepted and paid for, is valid as conclusion of the contract for the provision of services in the terms defined.

Once the user has clicked on the “buy ” button, he/she has access to a form through which he/she provides his/her personal data and other requested information, gives his/her consent to their processing and confirms the application of these general terms and conditions to the contract for the provision of services.

He/she also confirms the accuracy of the data provided and, where applicable, gives his/her formal consent for the data related to his/her training activities on the platform and/or with Cofaktory Sàrl, to be shared with a third party of his/her choice and indicated by him/her during the purchasing process (example: register for client advisors, employer, etc).

In the case of services purchased “bundled” by one party for several third persons, the party purchasing the services and providing the data of the third users gives his or her consent for the data on the activities of all the users included in this bundled purchase to be shared with the third party he or she has indicated and shall be responsible for making all persons concerned by the purchase aware of these terms and conditions.

Within 72 working hours, every new user will receive a message informing him/her that he/she has been granted access to the platform and that the chosen learning path has been made available to him/her in accordance with the indications of the accepted offer.

The use of the platform and the services provided is intended solely for the professional training of the authorized user. Cofaktory Sàrl reserves the right to deny access to the platform and to the entire service to any person at its own discretion. In case of refusal of access to the services, Cofaktory Sàrl is not required to provide a justification.

Some training programs are customized for a client on behalf of one or more users. In such cases, the content of the program, its price, the terms of provision and use of the services are agreed upon by means of an offer of services sent specifically to the client who accepts the proposal by responding to the offer thus issued, among other means of communication via email. In this case, the contract is concluded and the conditions are accepted, including the price, at the time of acceptation of the offer submitted by Cofaktory Sàrl. Unless otherwise agreed specifically in writing between the parties, the provisions stipulated in the present general terms and conditions shall apply to any Cofaktory Sàrl programs and solutions including those tailor-made for a specific organization.

3. How to get there

Throughout the duration of the service contract, the user has 24-hour access to the platform where the training courses purchased through Internet access are hosted. The necessary maintenance operations are carried out during the night as far as possible in order to limit the impact on user access. In case of technical problems, the user can contact Cofaktory Sàrl client service team.
Throughout the duration of the service contract, the user has the possibility to access his/her all the activities included in the contract as well as his/her data and training history on a “self-service” mode.
In addition, Smart Certificates are provided to certify the attendance and successful results to specific programs, among those training courses on regulatory or/and professional subjects. These certificates are created by Cofaktory Sàrl on a separate platform to which the user has access independently from the duration of the service contract with Cofaktory, and where certificates must be activated by the user, before they can be printed, shared, and sent via email.
In the event of difficulty in accessing these “self service” services, the user refers to the indications provided via email and/or online. If the problem encountered persists, the user has the possibility to resort to the client service of Cofaktory Sàrl.
Cofaktory Sàrl is not obliged to provide these services manually for the user as long as they are accessible in self-service and no malfunction has been reported. In the event that the user makes excessive use of the client service for such services, Cofaktory Sàrl reserves the right to charge additional fees to the user.
All the contents made available on the website and platform are the property of Cofaktory Sàrl or of the suppliers and subcontractors who designed them.
All the contents shared with the client within the framework of the tailor-made programs are the property of Cofaktory Sàrl and shall not in any case be made available to third parties without the written authorization of Cofaktory Sàrl.
For those training programs made available online and which include one or more private training or coaching session(s), either face to face or remote, these sessions must absolutely take place within the duration of the program indicated on Cofaktory Sàrl website at the time of the purchase. These sessions are scheduled via email or/and via a dedicated software. Once planned, remote or face-to face sessions are confirmed via an electronic invitation sent to all the users whose participation has been agreed and including all the indications to take part to the session.

4. Prices
The price of the services is indicated on the website and accepted by the user when choosing formulas and payment. Prices are indicated in Swiss francs. Unless indicated differently, prices do not include taxes.
Specifically, for tailor-made services proposed to certain users only on a specifically defined mandate, the price agreed upon by separate agreement is due in full upon acceptation of the offer submitted by Cofaktory Sàrl. Unless otherwise specifically agreed in the offer of services, the agreed price is paid in full on the platform or by invoice payment within 10 days of acceptance of the offer.

5. Cancellation terms and fees
For “off-the-shelf” training programs made available on the website and including one or more private face-to-face or remote training or coaching sessions requiring the intervention of an expert (ie. Virtual private training session or coaching session), as soon as a session has been scheduled and agreed between the parties and expert(s) have booked their agenda and an invitation has been sent to the users, if the session has to be rescheduled, the following conditions apply:

  • 1st time rescheduling taking place more than 72 business hours before the session : if the session has not previously been rescheduled and if Cofaktory Sàrl is informed via its client service more than 72 business hours before the session, a new date will be offered to the client at no additional costs.
  • 1st time rescheduling taking place less than 72 business hours before the session : if the session has not previously been rescheduled and if Cofaktory Sàrl is informed via its client service less than 72 business hours before the session, a new date will be offered to the client at no additional costs only in case of force majeure and on presentation of a proof.
  • Other cases of rescheduling or/and “no-show”: in all cases of rescheduling that do not satisfy one of the above conditions, or/and in cases where the user does not show up to a planned session, the session is considered delivered by Cofaktory Sàrl. No certificate will be provided to the user for the non attended session and the user is not entitled to any refund.

For tailor-made programs which involve the intervention of one or more experts (e.g. training sessions, face-to-face or virtual coaching sessions), once a date has been agreed upon between the parties and the experts have booked their calendar, if the intervention has to be rescheduled or cancelled, the following conditions apply:

  • Cancellation of an intervention more than 10 business days before the intervention : 50% of the cost is due to Cofaktory Sàrl.
  • 1st rescheduling of an intervention more than 10 business days before the intervention date: no additional costs.
  • Further rescheduling of the same session more than 10 business days before the new date: 50% of the cost is due to Cofaktory Sàrl
  • Rescheduling or cancellation of an intervention less than 10 business days before the planned date: 100% of the cost is due to Cofaktory Sàrl.

The acceptance of the offer formulated by Cofaktory Sàrl is equivalent to an acknowledgement of debt for the prices indicated on the platform and/or in the offer formulated by Cofaktory Sàrl.
The present general terms and conditions are applicable to tailor-made or off-the-shelf services.

6. Payment methods

The means of payment are indicated on the website of Cofaktory Sàrl. Except prior agreement of Cofaktory Sàrl, other means of payment are not accepted.

For exceptional cases where a user asks Cofaktory Sàrl to establish an invoice so that the same off-the-shelf program available on the website can be acquired via bank transfer, Cofaktory Sàrl reserves the right to apply a flat fee to cover the invoicing costs.

7. Conditions of use

The access to the platform and to any training content is personal and shall not be made available to any third parties. The content, the training concept and the organization of the platform are covered by copyright, which users are required to respect under Swiss law.

Any infringement committed by a user to these general terms and conditions and to any other applicable provisions, will result in the immediate and automatic termination of the contract for the provision of services, of the access to the platform and its contents, with the price paid remaining entirely with Cofaktory Sàrl.

Cofaktory Sàrl reserves all its rights.

8. Delays of availability

For off-the-shelf solutions directly available through the website, as soon as the service is paid for, the deadline for providing access to the platform and content agreed in the purchased formula is 72 business hours. Access to the platform is guaranteed for the period agreed upon subject to the above article on conditions of use.

For off-the-shelf programs for which an invoice has been established, as soon as the payement for the service has been received on the bank account of Cofaktory Sàrl, the deadline for providing access to the platform and content agreed in the purchased formula is 72 business hours. Access to the platform is guaranteed for the period agreed upon subject to the above article on conditions of use.

For tailor-made programs, the development of the solution starts as soon as the payment has been received by Cofaktory Sàrl.

Unless otherwise agreed in the service offer, access to the training platform is sent by email to the users within 7 business days following the receipt of payment by Cofaktory Sàrl.

9. Guarantee
Access to the platform for the agreed duration of the purchased content is guaranteed in accordance with these terms and conditions. No guarantee is given as to the content of the training courses, which constitutes an interpretation of the applicable rules and commercial conditions at a given time.
Access to client support is guaranteed on Swiss business days, from 9am to 12pm and from 2pm to 5pm. E-mails sent to the address indicated below are processed within 72 business hours from their receipt by Cofaktory Sàrl.

10. Responsibility
Cofaktory Sàrl provides access to a platform, training contents designed by third parties, develops and makes available its own training contents. The selection and creation of the contents by Cofaktory Sàrl, as well as content creation, are carried out according to high quality and reliability requirements. However, they correspond to an evaluation of the users’ needs and the legal and regulatory requirements at a given time and in a defined context, as well as they express a personal opinion of Cofaktory Sàrl and its collaborators and representatives.

The services provided as described above do not constitute a recommendation or legal advice for a specific person or situation.

Each user must take advice from a professional to determine the legal and regulatory solutions applicable to him or to one or more business relationships with clients. Cofaktory Sàrl declines all responsibility for the information it provides for itself and for its collaborators and representatives.

In case of impossibility of access to the platform or of provision of the agreed route for technical or other reasons, the responsibility of Cofaktory Sàrl is limited to the reimbursement of the price paid by the user, as long as the user makes the complaint within 7 working days of the occurrence of the impossibility of access or provision, as long as the problem has not been solved in the meantime and as long as the access has not been activated before the occurrence of the impossibility of access.

In case of a technical problem impacting the access to the trainings and to the platform, Cofaktory Sàrl commits itself to implement all the means at its disposal to obtain from its suppliers and subcontractors that the problem is solved as soon as possible and in such a way as to minimize the impact for its customers.

By concluding a service contract with Cofaktory Sàrl, the user renounces from the outset to any legal proceedings against Cofaktory Sàrl.

11. Legal information
The present general conditions are available on the cofaktory.com website and each person accessing the site in free access can read them. The present general conditions are thus an integral part of any contract for the provision of services concluded between any user and Cofaktory Sàrl, apply to any provision of services in favor of a user and to all the rights and obligations of any user. Each user of the public site and each user by creating his personal profile confirms having read and recognized the application. The general terms and conditions are accepted by each user by purchasing of a service on the site and/or by using any service on the site.

The law applicable to the contractual relations between a user and Cofaktory Sàrl is the Swiss law. Any dispute related to the relations between a user and Cofaktory Sàrl is under the jurisdiction of the Geneva courts subject to appeal to the Federal Court. The place of jurisdiction for any lawsuit or collection procedure is Geneva, in addition to any other legal place of jurisdiction.

 

Legal notice

Tick&Learn is a brand of Cofaktory Sàrl
Cofaktory Sàrl
6 De Candolle Street
1205 Geneva

E-mail: info@cofaktory.com

Managing Partners : Ofra Hazanov and Aurélie Rougemont Tolis

N° IDE at the Registrar of companies : CHE-263.782.591