Terms of Use

1. General information

Verein für soziale Inklusion „Inkluso“ operates the Internet platform inkluso.ch. Your access to and use of this website is subject to the following Terms of Use. By accessing and browsing this website, you accept these Terms of Use without restriction or reservation and acknowledge that all other agreements between you and Inkluso regarding the use of this website are nullified with respect to this subject matter. If you do not agree to and accept these Terms of Use without limitation and reservation, please leave the Website. 

2. Services offered by us

Inkluso promotes contact between migrants and natives in Switzerland. This enables the users to support each other in various areas (e.g. everyday issues/dealing with authorities/health services, job search, housing search, job coaching/application preparation, learning/housing assistance, social life/club/sport/leisure time, language exchange/language pair).

The internet platform also offers the opportunity to advertise jobs and apartments and to contact the advertisers directly.

All services offered on inkluso.ch are free of charge. 

Inkluso reserves the right to limit the number of messages that users can send within 24 hours.

3. Ownership of the contents

Inkluso retains all rights to the software and other works, services, processes, equipment, designs, technologies, trademarks, companies, inventions and all materials in any connection with the Internet platform and in particular to the content and information made available by Inkluso.

The Internet platform and the content and information provided by Inkluso are made available to users for their own private use. Any further use, in particular the republication or making accessible of Inkluso's own content and information on the Internet, is prohibited. Similarly, any commercial and other further use and exploitation of the offers published on the Internet platform as well as job and apartment offers by advertisers (including all texts, plans, graphics, pictures, etc. published in this regard) is reserved solely for advertisers, unless otherwise stated in these Terms of Use. The advertiser transfers to Inkluso the right to pursue any exploitation of his job and apartment offers that violates these provisions.

Any transactions relating to the job and housing offers shall be concluded exclusively between the advertiser and the users. There is no contract between Inkluso and the users. Inkluso accepts no responsibility for the establishment of contacts, work/rental contracts, adherence to deadlines or the correctness of the advertisements published on the Internet platform and the up-to-dateness of the relevant information.   

4. Responsibility of the user

The user is responsible to Inkluso and any other third party for the content of his/her job and apartment advertisements and for all other data collected and posted by him/her. As an advertiser, the user is responsible for ensuring that the advertisements, offers, information and other data recorded and published are actually and legally complete and true and do not violate any legal provisions or the rights of third parties. In particular, the advertiser must comply with the following requirements:

• Only jobs/flats that are actually available may be offered and published as advertisements. Advertisements for apartments/flats that are no longer available (sold, rented, reserved) must be deactivated.         
• The advertiser must be able to actually and legally dispose of the flat/job offered in the job and apartment advertisements, either as owner or with his own marketing order. 
• Users are responsible for the proper taxation of the earnings/money amounts and related claims of the respective tax office.
• Users are responsible for maintaining the confidentiality of their password and the activities carried out through their profile. You must immediately notify Inkluso of any unauthorized use of your password or any other breach of security.              
• Minors may only register on the Internet platform and use the services offered by Inkluso with the consent of their legal guardians.

Not allowed and abusive is in particular:

• Any passing on of rights connected with one's own account for use or joint use by third parties, whether in return for payment or free of charge;        
• The multiple publication of job and apartment advertisements of the same offer or object;
• The publication of job and apartment advertisements in which the presentation of the apartment or the job offer is inappropriately overlaid by other personal or third-party advertising purposes of the advertiser;     
• Product advertising for partnership or marriage mediation;    
• Offensive, defamatory or racist statements, incitement to hatred or violence;   
• Xenophobic statements and agitation against migrants, refugees or other minorities;
• Calling, organizing or providing instructions for sexual acts or disseminating content with sexual representations or information or links that lead to such content;
• Forwarding or dissemination of confidential data of other persons such as e-mail addresses, telephone numbers, home addresses, passwords, etc.;   
• Harassing other users or continuing to make contact against the declared will of another person;                
• Copying or circumventing the navigation structure or presentation, e.g. by mirroring or "framing" inkluso.ch;          
• Sending software viruses or other malware;

The user is also liable to Inkluso, its employees and assistants for all damage caused in connection with the use of the Internet platform, regardless of fault. Should Inkluso, its employees or assistants be legally prosecuted by third parties or authorities as a result of their conduct or in connection with the job and apartment advertisements of the users, the user will indemnify Inkluso, its employees or assistants against all claims by third parties and will assume the court and out-of-court costs incurred. The user is obligated to participate in court proceedings after a third-party notice.

5. Exclusion of warranty and liability

Inkluso shall only be liable for any damage culpably caused by it, its employees and assistants in the event of intent or gross negligence. Although Inkluso takes care of the operation and technical operability of inkluso.ch, the warranty and liability in particular for the availability, service quality, correctness and completeness of the Internet platform and its contents, for damages incurred in connection with the use of access by a person other than the person named in the registration, and for unlawful and immoral conduct by users and third parties, is void.

In particular, any liability on the part of Inkluso for damage to the user's terminal equipment, data and software is excluded. Traffic takes place via the Internet. Any guarantee and liability on the part of Inkluso is also excluded in respect of any software supplied by Inkluso and for the consequences arising from and during the transport of the software via the Internet. In particular, Inkluso's liability for indirect and consequential damages, such as lost profits or third-party claims, is generally excluded.

6. Disputes between users

Users are responsible for their own actions on inkluso.ch and offline. Disputes between users may lead to non-binding observation by Inkluso employees.

In the event that a user is granted a claim or a right or an opportunity to sue another user due to the use of Inkluso.ch or an Inkluso service, the user is obliged to exercise this claim, right or opportunity to sue Inkluso independently of and without any claims and to indemnify Inkluso against any and all liability, claims and damages in connection with the claim, right or opportunity. Furthermore, the User shall indemnify and hold Inkluso harmless from and against any third party claims, including any costs (legal costs, compensation for loss of profits, etc.) made against Inkluso as a result of the conduct of the User* inside or outside the Service.

7. Data protection

Inkluso complies with the provisions of the Data Protection Act and the Data Protection Declaration, but cannot fully guarantee the confidentiality, integrity, authenticity and availability of personal data. The user acknowledges and agrees that personal data may also be accessed in countries where there is no legislation guaranteeing adequate data protection.

When a user accesses personal data (including access from abroad) and processes it, the relevant user is responsible for compliance with data protection. The storage of data on data carriers etc. must be handled restrictively, printouts must be treated confidentially, unneeded personal data must be deleted immediately, etc. The user is also responsible for compliance with data protection laws. 

In particular with regard to job and housing advertisements, users are advised that all users have access to the housing advertisements posted and to the data transmitted to them by advertisers or other users. 

Please also read our data protection declaration, which forms an integral part of these Terms of Use and provides information on how we handle the information you provide to us when using the internet platform.

8. Termination of services

Users may delete their profile at any time for any reason. Inkluso may also delete user profiles that have not been used for a period of six months or longer.

Violations of these Terms of Use by users will result in the immediate deletion of the user profile. As a rule, such users will be warned in advance. In the event of serious violations of the Terms of Use, profiles can also be deleted without prior warning. 

Should the user consider that the termination or suspension of the user profile has taken place in error, the user may contact Inkluso at info@inkluso.ch.

9. Change of the Terms of Use

Inkluso may change this website, the Terms of Use and the Privacy Policy at any time, but assumes no responsibility for updating them. Your continued use of our website and services will constitute your acceptance of these changes. We will give you reasonable notice of any changes to the Terms of Use.

10. Severability clause

Should individual provisions of these Terms of Use be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come closest to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.

11. Applicable law and place of jurisdiction

This agreement is governed exclusively by Swiss law. Place of jurisdiction is Zurich.

These Terms of Use were last amended in October 2019.