General conditions

1 — OBJECT

These general terms and conditions (the”General conditions”) of Basquiat SA and/or its subsidiaries (”Lift”) govern the use of the website”www.liftapp.ch” (the”website”) as well as the use of all applications (SaaS) and software offered by Lift (the”apps”).

For editorial purposes, the use of the singular includes the plural (and vice versa) and the use of the masculine also includes the feminine (and vice versa).

By using the website and the applications, each user declares to have read the General Conditions and to accept their content without reservation. Each user is also informed of Lift's privacy policy. No general conditions contrary to or derogating from the General Conditions or the specific general conditions of Lift are applicable in the relationship between Lift and the user.

2 — SPECIFIC GENERAL LIFT CONDITIONS

Lift reserves the right to submit to a user any general conditions that are specific, distinct, cumulative and/or derogating from the General Conditions as part of its services to the user. These specific terms and conditions will apply without reservation in the contractual relationship between Lift and the user.

3 — ROLE OF LIFT

Each user acknowledges, understands and accepts that Lift may intervene in several capacities as part of its services and be subject to different and distinct legal regimes, for example:

in connection with the creation of a work mission between an employer and a talent, the role of Lift is to provide the employer and the talent with services to supervise and facilitate the working relationship between the parties;

as part of the management of the file of a talent or an employer, Lift can act as an agent and will assist, as far as possible, this user in achieving his goal;

as part of relationships with an authority in favor of a talent or an employer, Lift may act as an agent and will assist this user, as far as possible;

4 — USE OF SERVICES

Any user can browse the public part of the website without having to register. However, the registration of a user is mandatory to use the applications and to use Lift services. Lift reserves the right to close all public browsing and to require user registration at any time to access its services.

Registration for applications and access to the services offered by Lift are only open to persons of legal age and capable of discernment as well as to legal persons registered in a commercial register or whose existence can be proved by documents.

If the user is a legal entity, Lift can validly communicate with each person registered in the commercial register individually (including if this person has a collective signature or does not have any signing authority) or with any person involved in handling the matter on behalf of the legal entity (including if they are not listed in the commercial register); if necessary, contractual documentation with ProcurLift (including these General Conditions) applies Establishment of a legal person in favor of these people.

5 — INSTRUCTIONS

Lift does not receive instructions from users. If a user were to give any instruction to Lift, it would only be validly given if Lift accepted it. In the absence of such acceptance, Lift assumes no obligation — including in case of emergency — vis-à-vis the user.

6 — ACCURACY OF THE INFORMATION AND SUBSEQUENT CHANGES

Any user who uses the applications to benefit from Lift's services and/or who wishes to benefit from Lift's services undertakes to provide, when creating a user account, truthful information and, at the request of Lift, any supporting documents.

Each user is responsible for the information transmitted during registration and recorded in his user account and assumes sole responsibility for its content. In order to benefit from Lift's services, each user undertakes to keep their account information up to date. If Lift uses third party services to verify a user's information, the data collected by this third party after verification will be used by Lift and will replace those recorded by the user (for example in the event of an error found as a result of a data verification in connection with the electronic verification of the person's identity).

Lift assumes that the information and materials provided by each user are complete and true; therefore, Lift is under no obligation to conduct additional checks and may rely on information and materials provided by the user. If information or documents provided by the user need to be updated, each user undertakes to immediately update their information. Each user must ensure that Lift receives all the information necessary to perform its services on time.

Lift can at any time verify the information recorded by a user and ask for supporting documents. In the event of non-compliance with the duty to provide information, Lift may, at any time, close a user's account and/or renounce offering services — at the user's expense — and without any liability whatsoever.

7 — COLLABORATION WITH LIFT

Each user undertakes to perform, at Lift's first request, any act and to sign any documents (for example, in the event of a request from an authority or a pension institution) that may be necessary to fulfill and/or perform Lift's obligations, in accordance with the legislation in force.

8 — COMMUNICATION

The user accepts that all correspondence may be transmitted electronically and/or made available to him in the application concerned, including in an unencrypted manner. Lift assumes that the communications sent to each user and/or to any person involved in the processing of the case have reached it. Lift is therefore not required to ensure the correct reception of each communication by other means.

Each user is informed and agrees that any communication with Lift may be used and/or disclosed by Lift in the fulfillment of its commitments. In this context, Lift is authorized - without any limitation - to disclose information communicated by a user to a third party, as necessary. Lift is free from any possible secrecy, respectively duty of care, in connection with its communications with users and third parties.

In order to allow each user to access their documentation themselves, Lift can use certain tools accessible directly by the user. Lift makes every effort to ensure, at all times, access to each user's account and/or the availability of its apps/services but cannot guarantee it.

Lift cannot under any circumstances be held liable to a user or a third party for any damage, including indirect or consequential damage including in particular the loss of profit, economy, production, contract or commercial opportunity, in particular in the event of disclosure of information, problems with access to documentation and/or accessibility to Lift tools, applications and/or services by the user.

9 — DATA STORAGE AND OPERATION PAPERLESS

Lift dematerializes its services and document management as much as possible. In principle, all documents in paper format are scanned and then destroyed. Each user is made aware of the fact that no paper file is created within Lift. Unless expressly requested by Lift, the user must not submit paper documents to Lift. If the user delivers documents to Lift without their prior request, they run the risk that they will be destroyed. In all cases, Lift is free to destroy any documents and/or data relating to a user at the end of a period of ten years.

10 — INTRANSFERABILITY OF THE USER ACCOUNT

Each user account is personal and may under no circumstances be transferred to a third party without the prior written permission of Lift. A legal entity can have several nominative accounts (in the names of different users). Each user undertakes to take all measures to keep their account secret and maintain the confidentiality of their account. The confidentiality of an account is the sole responsibility of the user and the user releases Lift from any responsibility in this regard.

Each user is responsible for the use of their account and assumes the transactions carried out resulting from this use (including in the case of unauthorized use). Each user is required to immediately inform Lift in the event of loss of access or fraudulent use of their account.

11 — AVAILABILITY OF SERVICES

Lift makes every effort to ensure the use of its services at all times but cannot guarantee it. Lift can in no way be held responsible to a user or a third party for any damage, including indirect or consecutive including in particular the loss of profit, economy, production, contract or commercial opportunity in connection with the unavailability of its services.

12 — SUPPORT

Lift's logistical support is provided through its applications or by contacting support by telephone.

13 — REGULATORY FRAMEWORK

Each user is aware that the Swiss regulatory framework must be respected at all times, especially in the field of employment. Each user is himself required to ensure the legality of his actions in the context of the use of the services. Lift can in no way be held liable to a user or a third party for any damage, including indirect or consecutive including in particular the loss of profit, economy, production, contract or commercial opportunity in connection with a violation by the user of the regulatory framework.

14 — LACK OF ANY ADVICE AND RECOMMENDATIONS

Each user acknowledges and understands that Lift does not provide advice or recommendations. Each user is therefore solely responsible for their choices in using Lift services.

No information and/or documents provided on the website and/or applications should be considered as a recommendation, advice, solicitation or inducement to perform one act over another.

15 — TAXES AND ECONOMIC RISKS

No information relating to taxes and/or economic risks appears on Lift's website and/or applications. Each user is required to find out about taxes and/or fiscal risks by using Lift's services.

Lift cannot under any circumstances be held liable to a user or a third party for any damage, including indirect or consequential damages including in particular the loss of profit, economy, production, contract or business opportunity in connection with taxes and/or commercial opportunities in connection with taxes and/or economic consequences related to the recourse of Lift services.

16 — EXCLUSION OF GENERAL LIABILITY

Lift cannot under any circumstances be held liable to a user or a third party for any damage, including indirect or consequential damages including in particular the loss of profit, economy, production, contract or commercial opportunity in connection with the use of applications and in connection with its services, in connection with the use of applications and in connection with its services, subject to gross negligence or fraudulent behavior towards a user.

17 — DATA PROTECTION

When using the website, applications and when in contact with Lift, data may be collected.

Lift is committed to processing the data of its users in accordance with the legislation in force. Each user is however informed that some data collected by Lift (i) is used for the administration of their personal account, (ii) may be transferred to third parties insofar as this is essential for the provision of services and the use of applications, or (iii) used for the purpose of debt collection (s).

The user can, at any time, read Lift's privacy policy available on the website.

18 — MODIFICATION OF THE GENERAL CONDITIONS

Lift reserves the right to change its Terms and Conditions at any time. Each user is required to inform himself about the applicable general conditions. In the event of a dispute, the general terms and conditions in force are applicable. If a contractual relationship has been concluded with a user on a certain date, this relationship will be governed by the general conditions in force at the time of its conclusion, subject to the application of specific general conditions.

If these terms and conditions change significantly, we will let you know.

19 — INTELLECTUAL PROPERTY

All intellectual property rights relating to the website and applications as well as to the documentation relating to the provision of services remain the exclusive property of Lift. Any reproduction is prohibited and may lead to legal proceedings.

20 — APPLICABLE LAW

Any contract concluded and relationships with Lift as well as these General Terms and Conditions are governed by Swiss substantive law only.

Subject to any mandatory circumstances, any disputes, disputes or claims arising out of or relating to a contract, a relationship with Lift or these General Terms and Conditions will be settled by the competent courts at Lift's headquarters.

Legal information:

Basquiat SA

Address: Rue du Petit-Chêne 38, 1003 Lausanne

Telephone: 021/561 14 20

Email: hello@liftapp.ch

EMPTY: CHE-167.327.601

General conditions

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