General terms of use
These general terms and conditions govern the use of the uphec.ch platform, published by Luxup D&M SA.
1. Subject
These general terms of use (hereinafter "GTU") govern the access to and use of the uphec.ch platform, published by Luxup D&M SA (hereinafter "UpHEC"). By creating an account, the user accepts these GTU without reservation.
2. Overview
UpHEC gives users with an account on uphec.ch free access to all the questions present in the database managed by UpHEC. Opening an account is free.
Accounts are personal, unique to each user (e.g.: use of their @etu.unige.ch email address), non-transferable and non-shareable.
The MCQs present in the database managed by UpHEC are the exclusive property of Luxup D&M SA and this ownership is in no way shared with the user when the latter creates an account on the platform.
3. Access to the service
The client's personal account is unique, non-transferable and non-shareable. UpHEC reserves the right to terminate immediately, without notice and without compensation, any user using the platform in a manner not compliant with these general terms of use. Access to the service is free and is granted upon the creation and confirmation of an account. UpHEC reserves the right to modify, suspend or remove access to the service at any time and without notice.
4. Customer responsibility
The client is solely responsible for the management and safekeeping of their credentials and passwords. In this sense, it is appropriate that the client implements the measures necessary for the protection and safekeeping of their username and password. The client is solely responsible for the consequences of the use of their username and password, even if the latter was not the person behind the screen at the time of the events. The client must inform UpHEC as quickly as possible of any use of their username and password that does not comply with these terms of use.
5. Intellectual property
The entire uphec.ch website, including its code, its links with the database, its statistical tools, all of the questions and educational content, as well as any other resource accessible on the platform, constitutes the exclusive property of Luxup D&M SA.
It is strictly forbidden to reproduce, share, extract or reuse all or part of this content outside the platform. This expressly includes the use of automated systems, artificial intelligence or language models (LLM) aimed at rephrasing, paraphrasing or generating similar content from UpHEC's resources. Any attempt at reproduction, even by automated rewriting, is considered a direct infringement of the rights of Luxup D&M SA.
Luxup D&M SA reserves the right to initiate legal proceedings against any offender. In any event, a minimum lump-sum indemnity of 2'500 CHF will be due, without prejudice to additional damages proportionate to the severity of the infringement and the harm suffered.
6. Account terms of use
The client account is personal, non-transferable and non-shareable. In the event that a client were to use our platform fraudulently (not in compliance with these general terms of use), UpHEC reserves the right to irrevocably delete the user's account, this without compensation from UpHEC. Furthermore, for any proven fraudulent use, Luxup D&M SA reserves the right to prosecute the offender and the latter consents to pay the lump sum of 2500 CHF to Luxup D&M SA for the harm caused to the integrity of the company.
7. Technical issues and maintenance
Access to the uphec.ch site can be done on several different browsers, but we only guarantee the proper functioning of the platform via the latest version of Google Chrome. Our services are available online 24/7, except in the event of a breakdown or a specific need of UpHEC. The client undertakes to notify UpHEC of any technical malfunction as quickly as possible. In return, UpHEC undertakes to fix the IT problem as soon as possible. UpHEC disclaims liability for a malfunction of its services if it is linked to:
- A problem at the level of its access providers (hosting, database, etc…);
- Power grid failure; and
- Any malfunction not attributable to UpHEC
UpHEC does not in principle carry out any maintenance operation during the school year, but if necessary the company reserves the right to carry out maintenance operations at any time, without prior notice. The customer undertakes not to claim any compensation on this account and declares to accept all the limits of the service provided by UpHEC. For any question on this subject, the customer may contact UpHEC by e-mail (contact@uphec.ch).
8. Content warranty
UpHEC may at any time modify the number of questions downwards or upwards, without any form of compensation. The number of questions indicated on the site or in the various marketing materials is purely indicative and in no way contractual. UpHEC is not held responsible for the presence of errors in the questions.
The statistics are also given for information purposes and in no way bind UpHEC. The presence of errors in the statistics given by UpHEC to the user is not the responsibility of UpHEC. UpHEC does not guarantee any success in your studies, it just tries to help you. UpHEC is completely independent of any university whatsoever.
In the event that UpHEC has adversely affected the course of your studies in any way whatsoever, it cannot be held liable for the consequences arising therefrom.
UpHEC undertakes to review the question reports made by users and to make the necessary modifications to the questions as quickly as possible.
9. Data protection
Luxup D&M SA processes the personal data of its users in accordance with the applicable Swiss data protection legislation (nFADP). The data collected during registration and use of the platform is used exclusively for the operation of the service and is not transmitted to third parties, except by legal obligation. The user may at any time request the deletion of their account and their personal data by contacting UpHEC by e-mail (contact@uphec.ch).
10. Dispute
Any dispute arising between the parties bound by the of use contract may be brought before Swiss justice.