The IAESTE Exchange Platform is a web Portal that allows IAESTE member countries to coordinate the IAESTE exchange program and allows students/employers to participate in the IAESTE exchange program. The IAESTE Exchange Platform (hereafter also “Site”, “Services”, “Portal” or “EP”) is operated by IAESTE A.s.b.l., a registered association (Registration number and address: 51, Rue Albert Ier, L1117 Luxembourg), and its affiliated associations (hereafter collectively IAESTE). By accessing or using our Site, you (the “User”) signify that you have read, understood and agreed to be bound by these General Terms and Conditions (“Agreement”), whether you are a “Visitor” or a registered member of the Portal. We reserve the right to make changes to this Agreement from time to time. When these changes are made, we will make the Agreement updated available on the Site. You understand and agree that it is your responsibility to regularly check the Site for changes to the Agreement and to review such changes. Your continued use of the Site and the Service now, or following the posting of any changes, will indicate your acceptance of this Agreement, and of any such changes. If any future changes are unacceptable to you, you should discontinue using the Site and the Service.
1.1. The IAESTE Exchange Platform (in the following “Portal”) is exclusively
a. for IAESTE members (officials, volunteers and employers of IAESTE A.s.b.l, IAESTE full members, IAESTE associated members or IAESTE cooperating institutions) to coordinate the IAESTE exchange program and internal affairs.
b. employers and students who want to participate in the IAESTE exchange program.
1.2. By using the Portal, the User represents and warrants that he or she agrees to and abides by all of the terms and conditions of this Agreement.
2. Registration Information and Account Security
Before registering for or using the Portal, please take into consideration that you will be agreeing to the following: a. To provide accurate, current and complete information about you on the Portal.
b. To be responsible for the security of your password and identification information. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
c. To maintain and update the registration information, and any other information you provide, to keep it accurate, current and complete. d. To be solely and fully responsible for all the use of your account and for any activity that takes place using your account.
3. Proprietary Rights of Portal Content
3.1. With the exception of the User Content as defined in section 5, all, text, pictures, video, information, music, logos, trademarks, brands, sound and other files, and their selection and arrangement (the “Portal Content) are the (intellectual) property of IAESTE A.s.b.l. with all rights reserved.
3.2. No Portal Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, without prior written consent of IAESTE.
3.3. Provided that you are eligible to use the Portal, you are granted with a limited, nonexclusive license to access and use the Portal and the Portal Content.
3.4. Except for your own User Content, you may not upload or republish Portal Content elsewhere or use the information for any other means without written consent from IAESTE A.s.b.l.
3.5. With the exception in section 4.3.c, the limited license granted to you by IAESTE is subject to this Agreement and does not permit the use of any data gathering or extraction methods.
3.6. Any use of the Portal or the Portal Content other than as specifically allowed in this Agreement, without the prior written permission of IAESTE A.s.b.l., is strictly prohibited and will terminate the license granted in the Agreement.
3.7. Unless explicitly stated in this Agreement, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
3.8. This license is revocable at any time without notice and with or without cause.
4. User Conduct
4.1. You understand that except for advertising opportunities offered by IAESTE A.s.b.l.; the Portal is available for your personal, IAESTE exchange program related use only.
4.2. You represent, warrant and agree that nothing submitted through your account or otherwise posted, transmitted or shared by you on or through the Portal will violate or infringe upon the rights of any third party.
4.3. You also agree not to use the Portal:
a. To collect email addresses or other contact information of other users from the Portal for the purposes of sending unsolicited emails or other unsolicited communications;
b. In any unlawful manner or in any other manner that could damage, disable, overburden or impair the Portal;
c. To collect information from or otherwise interact with, using automated scripts and offered interfaces like web services without a written permission of the IAESTE Board or IAESTE IT Manager.
d. To make available any harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable content through your account.
e. To upload, post, transmit, share, store or otherwise make available any audio clips other than those of a personal nature that: Are the voices of you or your friends Are created by you or your friends with their authorization
f. To create more than one User account or create a User account on behalf of someone or something other than yourself unless expressly authorized to do so by IAESTE A.s.b.l.
g. To impersonate anyone or anything, or falsely state or otherwise misrepresent yourself, your age or your affiliation with anyone or anything. h. To make available any unsolicited or unauthorized advertising or any other form of solicitation.
i. To make publicly available any private information of any third party, except students and employers who are participating in the IAESTE exchange program and agreed to do so.
j. To solicit personal information from anyone under 18 or solicit passwords or personally identifying information for unlawful purposes.
k. To make available any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
l. To intimidate, bully or harass others.
m. To make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law.
n. To use or attempt to use another user’s account, service or system without authorization from IAESTE A.s.b.l., or create a false identity on the Portal.
o. To make available content, that in the sole judgment of IAESTE A.s.b.l., is objectionable or which, restricts or inhibits any other person from using the Portal, or which, may expose IAESTE A.s.b.l. or its users to any harm or liability of any type.
4.4. You agree not to:
a. Attempt to circumvent content filtering techniques we may employ.
b. Engage in behaviour or make available content that is obscene, pornographic, and sexually explicit, depicts graphic or gratuitous violence, makes threats of any kind or is malicious.
c. Engage in predatory or stalking behaviour.
d. Facilitate or encourage any violations of this Agreement.
5. User Content Posted on the Portal
5.1. You are solely responsible for the photos, messages, audio, text, personal information, and other content that you upload, publish or display on or through the Portal, or transmit to or share with other users (collectively the “User Content”).
5.2. You may not post, transmit or share User Content (e.g. job offers / student and employers information) on the Portal that you did not create or that you do not have permission to share, post or transmit.
5.3. You agree that IAESTE may, but is not obligated to, review the Portal and may delete or remove (without notice) any Content or User Content in its sole discretion, for any or no reason, including User Content that in the sole judgment of the IAESTE violates this Agreement, or which may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
5.4. When you upload User Content to the Portal, you authorize and direct IAESTE to make any copies of that content, as we deem necessary in order to facilitate the upload and storage of the User Content on the Portal.
5.5. You may remove your User Content from the Portal at any time.
6. Copyright Complaints
6.1. IAESTE respects the intellectual property rights of others and IAESTE prohibits Users from uploading, posting or otherwise transmitting on the Portal any materials that violate another party’s intellectual property rights. When IAESTE receive proper complaints, IAESTE may promptly remove the content and/or disable access to the allegedly infringing material.
6.2. If you believe that any material on the Portal infringes upon any intellectual property, which you own or control, you may send a written notification of such infringement to email@example.com.
6.3. If IAESTE removed your content for infringing someone else’s copyright, and you believe we removed it by mistake, IAESTE will provide you with an opportunity to send a written notification to firstname.lastname@example.org.
7. Repeat Infringer Policy
7.1. In appropriate circumstances and at IAESTE’s sole discretion, IAESTE A.s.b.l. may disable accounts of members who repeatedly infringe any intellectual property rights of others.
8. Third Party Websites and Content
8.1. The Portal contains (or you may be sent through the Portal) links to other web sites (“Third Party Sites”) as well as other content or items belonging to or originating from third parties (the “Third Party Content”).
8.2. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by IAESTE A.s.b.l., and IAESTE A.s.bl. is not responsible for any Third Party Sites accessed through the Portal or any Third Party Content posted on, available through or installed from the Portal, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content.
8.3. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by IAESTE A.s.b.l.
8.4. If you decide to leave the Portal and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Portal or relating to any applications you use or install from such site.
9. User Disputes
9.1. You are solely responsible for your interactions with other users on the Portal.
9.2. IAESTE reserve the right, but have no obligation, to monitor disputes between you and other users.
10.1. Your privacy is very important to us. Please take the time to view our IAESTE Exchange Platform Code of Conduct. The terms of the Code of Conduct also govern and apply to your use of the Portal, and they are incorporated herein by this reference.
10.2. Any personal data included in the General Terms and conditions of the use of the IAESTE Exchange Platform shall be processed pursuant to European Union Regulation 2016/679 dated 27 April 2016 (GDPR). Such data shall be processed solely for the purposes of the performance, management and monitoring of the use of the platform by IAESTE A.s.b.l. acting as data controller without prejudice to possible transmission to the bodies charged with monitoring or inspection task in application of Data protection law.
10.3. You shall have the right of access to your personal data and the right to rectify any such data. Should you have any queries concerning the processing of your personal data, you shall address them to the entity acting as data controller IAESTE A.s.b.l. ( email@example.com ).
10.4.You shall have right of recourse at any time to the European Data Protection Supervisor or the National Commission for Data Protection in Luxembourg (www.cnpd.lu).
10.5. Where the use of the platform requires the processing of personal data by you, you may act only under the supervision of the data controller, in particular with regard to the purposes of the processing, the categories of data which may be processed, the recipients of the data, and the means by which the data subject may exercise your rights.
10.6.You shall limit access to the data to the staff strictly necessary for the performance, management and monitoring of the use of the platform.
10.7.You undertake to adopt appropriate technical and organisational security measures having regard to the risks inherent in the processing and to the nature of the personal data concerned in order to:
- prevent any unauthorised person from having access to computer systems processing personal data, and especially:
- unauthorised reading, copying, alteration or removal of storage media;
- unauthorised data input as well as any unauthorised disclosure, alteration or erasure of stored personal data;
- unauthorised using of dataprocessing systems by means of data transmission facilities;
- ensure that authorised users of a data processing system can access only the personal data to which their access right refers;
- record which personal data have been communicated, when and to whom;
- ensure that personal data being processed on behalf of third parties can be processed only in the manner prescribed by the contracting institution or body;
- ensure that, during communication of personal data and transport of storage media, the data cannot be read, copied or erased without authorisation;
- design its organisational structure in such a way that it meets data protection requirements.
10.8. By using the Portal, you are consenting to have your personal data transferred to and processed in any country, which is an IAESTE member, associate member, or cooperating institution.
10.9. By using the Portal and participating in the IAESTE exchange program, you agree that the personal data, which has been provided to IAESTE member, IAESTE associate member, or IAESTE cooperating institution may be passed to IAESTE member, IAESTE associate member, or IAESTE cooperating institution and potential employers for the purpose of arranging your traineeship; your personal data may be provided to government authorities for the issuance of visa/work permit purpose.
10.10. You agree that all data must be handled in accordance with Luxembourg and EU laws regarding data protection and security.
11.1. IAESTE is not responsible or liable in any manner for any User Content or Third Party Content posted on the Portal, whether posted by Users of the Site, by third parties or by any of the equipment or programming associated with or utilized in the Portal.
11.2. The Portal may be temporarily unavailable from time to time for maintenance or other reasons. IAESTE A.s.b.l. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
11.3. IAESTE A.s.b.l. is not responsible for any technical malfunction or other problems of any computer systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the Portal, including injury or damage to the User’s or to any other person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the Portal.
11.4. Under no circumstances will IAESTE A.s.b.l. be responsible for any loss or damage, including any loss or damage to any User Content or, personal injury or death, resulting from anyone’s use of the Portal, any User Content or Third Party Content posted on or through the Portal, or any interactions between users of the Portal, whether online or offline.
11.5. The Portal, and the Portal content are provided “as is” and IAESTE A.s.b.l. disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non infringement.
11.6. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software from or through the Portal at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your computer system that may result.
11.7. IAESTE reserves the right to change any and all content, software and other items used or contained in the Portal at any time without notice.
11.8. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the IAESTE A.s.b.l., unless otherwise stated.
12. Limitation on Liability and Indemnity
12.1. Except where provided by law, in no event will IAESTE A.s.b.l., its officials, employees or volunteers be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Portal or any of the Portal Content or other materials on, accessed through or downloaded from the Portal. You agree to indemnity and hold IAESTE A.s.b.l., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Portal, your conduct in connection with the Portal or with other users of the Portal, or any violation of this Agreement or of any law or the rights of any third party.
13.1. This agreement is effective until terminated or in case of a limited term license upon expiration or will terminate automatically if you fail to comply with the limitations described above. In this case IAESTE A.s.b.l can disable your account and delete any content or information.
14.1. This Agreement shall be governed by and construed and interpreted in accordance with the substantive laws of Luxembourg.
14.2. The mediation proceedings shall be conducted in English. If any claim or dispute arises under or in connection with this agreement, the parties will attempt to settle such claim or dispute by negotiation. If any claim or dispute cannot be settled by negotiation within 21 days after either party has made a written offer to the other party to negotiate a settlement to such claim or dispute, the parties shall before resorting to court proceedings, attempt to resolve the claim or dispute by referring the dispute to the following representatives (to be indicated). If the above representatives are unable to resolve the dispute with 28 days of such referral either party shall be entitled to attempt to resolve the claim or dispute by mediation in accordance with the Centre for Dispute Resolution (CEDR). If the parties have not settled any claim or dispute by mediation within 42 days from the initiation of the mediation, the dispute shall be referred to and finally resolved by the courts.
15.2. The failure of the IAESTE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
15.3. If any provision of this Agreement should be invalid in any jurisdiction under applicable law, the legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. In such an event the Parties commit themselves to compose a legally valid replacement rule, which approaches the invalid provision as closely as possible within the economic intent of this Agreement. With this in mind, this Agreement will be interpreted as though the invalid clause had been omitted from the outset.
15.4. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
You may contact us by email at firstname.lastname@example.org. The information contained in this Agreement is subject to change without notice.