General Terms and Conditions

1. The Coople system

Coople is a personal provider and intermediary and has the relevant licences for
personnel provision and placement.
Coople brings employees and companies of deployment together over the website
run by Coople – www.coople.com – as well as its related domains such as for example
www.coople.co.uk, www.coople.jobs (hereinafter referred to as the “website”). The
bringing together of employees with companies of deployment (so called matching) is
largely automated.
So called agents aim to increase the awareness of the website as well as to assist the
users in the handling and use of the platform. Each agent has his own identification
number.
The use of the website is free of charge for employees, companies of deployment
and agents.

 

2. Who can use the website and the services of Coople?

2.1. In general
The website is intended solely for natural persons and legal entities, partnerships
and corporate bodies with residence or registered office in Switzerland.
The website is not intended for persons who are subject to a legal order, which
forbids the publication of or access to the website, be it on the basis of the
nationality of the person concerned, their place of residence or for other reasons.
If one of those conditions is not met (anymore), then Coople can immediately
block access to the website without giving any reasons.

2.2. Employees in particular
A user, who registers as an employee on the website, is himself responsible for
having the necessary documents and permits to be allowed to work in
Switzerland. The employee must possess a valid OASI (AHV) number. Foreigners
must at least have a foreign national identity card or be an EU/EFTA citizen
resident in Switzerland, fully covered by the freedom of movement agreement.
We are hereby referring to citizens of the following EU-27/EFTA countries:
Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein,
Lithuania, Luxemburg, Malta, the Netherlands, Norway, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Should Coople
determine that the aforementioned requirements are not met despite contrary
information, the employee will immediately be blocked and the relevant
authorities will be notified.

2.3. Companies of deployment in particular
A user who registers on the website as a company of deployment must have
registered office within Switzerland. The company of deployment is committed to
observing and complying with all collective labour agreements applicable to its
operations. The company of deployment is obliged to follow all public service
employment regulations and hereby affirms having all necessary licences for its
operation. Coople accepts no liability that arises through the false declaration of
a CEA requirement by the company of deployment. The company of deployment
shall bear all costs incurred due to false declaration.

2.4. Agents in particular
An agent is either an employee of Coople or a representative of Coople. The
appointed agent of Coople affirms that he has the required licence(s) for
personnel recruitment, if he undertakes more than 10 recruitments per year. The
agents are obliged to treat all data and business secrets made available to them
with care and to maintain strict confidentiality.

 

3. Registration of users

To be able to use the services of Coople on the website, each user must first register
on the website. He will receive a user name and a password, which he must use for
each login to the website for identification purposes .
User name and password are to be kept carefully and not disclosed to any third
party. Any damages resulting from the loss or third party knowledge of the user name
and/or password are the user’s responsibility alone. Any liability on the part of
Coople is excluded.

 

4. Registration of employees and companies of deployment via the agent

An employee or a company of deployment who registered on the website due to the
efforts of an agent, must without fail use the link sent by the agent at registration,
which allows an identification of the agent.
Employees and companies of deployment registered through an agent remain
assigned to the same agent throughout the duration of their registration on the
website. A change of the employee or company of deployment to another agent is
only permissible if there is mutual consent between the employee or the company of
deployment on the one hand and the previous agent on the other hand, if there is a
gross breach by the agent or for important reasons. Coople makes decisions about a
change at its discretion after consultation with the affected parties.
The employee or the company of deployment must inform Coople about the agent’s
violation via the contact form on the website.

 

5. Blocking access to the website

5.1. Principles
The users are obliged to answer all questions truthfully when registering as an
employee, a company of deployment or agent and to provide exclusively correct
information. Coople reserves the right to make checks regarding accuracy.
If Coople should find out that untruthful or incorrect information has been given,
the user’s access to the website is blocked and the contractual relationship shall
be terminated as of the earliest possible date. In case of inaccurate or untrue
information, Coople also reserves the right to take legal action, including the
filing of criminal charges.
The users are variously encouraged by the Coople system both at registration and
also subsequently, to upload / submit information or documents. The users are
obliged to follow these prompts within the specified period or, if no time limit has
been specified, within three working days. If the users do not respond after two
reminders, this entitles Coople to block their access to the website. The blocking
counts at the same time as termination of the contractual relationship as of the
earliest possible date.
The access to the website is also blocked and the contractual relationship deemed
to be terminated as of the earliest possible date, if an employee or a company of
deployment, at registration, does not use the link sent by the agent, although
registering on the website due to the efforts of the agent. However, the blocking
and termination takes place only after consultation by Coople with all persons
involved.
In addition Coople reserves the right at any time and at their discretion to block a
user’s access to the website, namely for example, if Coople’s reputation is at risk.
Claims for damages by a user, whose access to the website has been blocked, are
fully excluded.

5.2. Employees in particular
An employee’s access to the website will be blocked particularly, if the employee
displays unacceptable behaviour in the service of a company of deployment,
repeatedly disregards the instructions of the company of deployment, offers no
excuse for not attending a job or commits crimes outside of the service for a
company of deployment, which significantly reduce his recruitment capacity
through Coople.
An employee’s access to the website can also be blocked by Coople, if his rating
falls below a specified minimum.

5.3. Companies of deployment in particular
The access of a company of deployment to the website is blocked in particular, if
the company of deployment cannot pay the invoices of Coople within the allotted
time, if debt collection has been initiated against the company of deployment or
bankruptcy proceedings have been opened against him, or if the company of deployment has applied for moratorium. Coople reserves the right at any time to
obtain debt enforcement information about a company of deployment.
The access to the website for a company of deployment can also be blocked by
Coople, if his rating falls below a specified minimum.

5.4. Agents in particular
An agent’s access to the website is blocked particularly, if multiple employees or
companies of deployment, who are registered on the website via the agent,
repeatedly fail to comply with their obligations, namely attending a job or timely
payment of Coople invoices.

 

6. Rating system

For the purposes of quality assurance, Coople conducts a rating system, which is
visible to every registered user.
Within three working days after completion of a job, the employees must rate the
and company of deployment and vice versa, and comment for example on
friendliness, punctuality, reliability and expertise. The rating criteria can be redefined
at any time by Coople. The comments of the employee or the company of deployment
must be made conscientiously and correspond to the actual objective impression. If
the user does not agree with a rating, he can, within five working days after entry of
the ratings on the website, raise an objection in writing to Coople stating the reasons
why the given rating does not correspond to objective criteria. In this case, Coople
will try to find a solution with the affected parties. If an objection is not made in
good time, the rating is considered approved and confirmed.

 

7. Provisions for data protection

7.1. In general
Website users are advised that, with the use of the website, user data are
transported across a network that is accessible to anyone. The data can
accordingly be transported across borders, even if Coople and the users reside
only in Switzerland. There is therefore the risk that data will be intercepted and
viewed by third parties. Communication between Coople and the users, which
takes place via email, SMS, etc., is not encrypted. There is the danger of virus and
hacker attacks. Coople therefore recommends always using the latest browser
versions and constantly updated anti-virus programs. As a rule, the opening of
any e-mail from an unknown source as well as any unexpected attachment to an
e-mail message should be avoided.

7.2. Protection of personal data
Coople collects no personal data on non-registered users. This means that after
registration all data concerning a user are only used in so far as they are necessary for the hiring process between employees and companies of
deployment (so called matching) and/or for the invoicing of Coople with respect
to employees, companies of deployment and agents.
Each employee expressly agrees that his data (including rating) are disclosed to
the employees of Coople or contracted agents – if necessary.
The statistical data, which Coople is obliged to collect by law (art. 18 para 2
AVG), is only collected in anonymised form.

7.3. Protection of the internal data transfer
Within Coople, personal data are transmitted and stored in a protected format.
Coople takes all appropriate steps to prevent personal data being viewed by
unauthorised third parties. The disclose data based on legal provisions remains
reserved.

7.4. Data collection for statistical purposes
Coople collects statistical data for the constant optimisation of the service. For
example, data are collected on the number of hours worked per profession and
industry, about the relationship between the number of working hours in relation
to the number of employees and the number of jobs not carried out due to lack of
employees. The data collected by Coople do not allow any conclusions to be
drawn with regard to the individual user and are therefore not subject to the
privacy policy.

 

8. Final provisions

8.1. Recognition and scope of these terms and conditions
These terms and conditions (hereinafter “terms and conditions”) are deemed to
have been accepted by the user upon access to the website. By ticking the box
provided when registering as an employee, company of deployment or agent the
user explicitly acknowledges these terms and conditions.
The provisions of the general terms and conditions apply not only to the use of
the website, but form an integral part of any contractual relationship with Coople.

8.2. Copyright
All content contained or described in the website such as services, information,
images, documents, etc. belong exclusively and comprehensively to Coople.
Unless expressly stated otherwise, in particular all copyright and other rights
therein belong to Coople. The contents are freely usable. It is however prohibited
to copy, change, link to, transmit or share any content of this website or parts
thereof, without first obtaining the express written consent of Coople.

8.3. Trademark law
“Coople” is a trademark registered in the Swiss trademark register.

8.4. Warranty disclaimer
Coople is not liable for the functions offered on the website being available
error-free and without technical interruptions. Coople is also not liable for
damage caused by any viruses or other harmful components as a result of the use
of the website or the server.
Coople rules out all liability for any damages or consequential damages resulting
from the use or non-use of the website. Coople is not liable for tampering caused
to the computer system of the user through use of the Internet. Coople cannot be
held liable in all other cases, as far as this is legally permissible.

8.5. References and links to other websites
The Coople website contains links to other websites. Coople has no influence on
the content of these websites and is not responsible for their content.
Connecting to these websites is done at your own risk.

8.6. Changes of these terms and conditions
Coople can change these terms and conditions at any time and will in any case
publish the amended provisions adequately on the website. If a user does not
want to accept a change, he shall notify Coople of this in writing within ten days
of its publication, otherwise the amended provision shall be deemed approved.
With each login to the website, the user accepts without reservation the currently
valid version of these terms and conditions.

8.7. Applicable law and court of jurisdiction
Only Swiss law is applicable. Court of jurisdiction is the headquarters of Coople,
unless obliged by law to submit to a different court of jurisdiction.