GENERAL TERMS AND CONDITIONS CONCERNING POLARIS ("GTC")

1  Introduction

 The "Rotary Club Management System" (hereinafter "POLARIS" or "Platform"), also called Harmony, is an initiative of the Association Rotary Media Switzerland-Liechtenstein (hereinafter "VRM"), Seefeldstrasse 69, 8008 Zurich, +41 (0)43 299 66 25, info@rotary.ch. The platform is made available for use by Rotary Districts and Clubs so that they can organise their activities (including membership and other club administration) on-line in their respective areas of responsibility. Rotary Districts and Clubs are responsible for the content on their respective District and Club websites. 

The Swiss Rotary Districts and Clubs (hereinafter referred to individually or collectively as "Rotary" or "we") collect and process personal data (i.e. any information relating to an identified or identifiable natural person) through POLARIS on the basis of the separate Data Privacy Policy, which you can access at any time via your club's or district's website. 

The use of POLARIS and the associated services is based on these T&Cs and the above-mentioned privacy policy. 

These Terms and Conditions apply to both Rotary and its users (i.e., all members of a Rotary club, including prospective members or other invited non-members of a Rotary club or district registered on POLARIS). Users are also persons accessing POLARIS, including persons with administrator rights as defined at district and club level. By using POLARIS, users are automatically deemed to have accepted these GTS’s.

Rotary reserves the right to change the GTC at any time. Any significant change will be communicated to users in an appropriate form if we change these GTC to their disadvantage. Rotary nevertheless recommends that you consult the GTC regularly.

 

2  Purpose and objectives of Polaris

With POLARIS, Rotary aims first and foremost to digitalize membership administration in clubs and districts. The VRM owns the platform and is responsible for its development and operation. 

POLARIS provides various functionalities, such as an agenda for club or district events, the organisation of meetings, the management of meeting reports, etc. POLARIS accordingly provides a content management system (CMS), a kind of virtual workstation that allows users to add or modify content or delete it if necessary.

POLARIS also ensures the link between clubs and local districts on the one hand and the national Rotary organisation on the other. The platform makes it possible to maintain membership lists, accessible to authorised parties such as Rotary members. These membership lists facilitate efficient communication between members among themselves and in relation to their clubs, districts or national Rotary organisations. For further details on the processing of personal data, please refer to the privacy statement on your club's website. 

The membership list enables Rotary to carry out its tasks efficiently. Rotary uses the platform to disseminate general communications and the directory. 

POLARIS also serves as a link between clubs and local districts on the one hand and Rotary International on the other. The affiliation of a club to Rotary International requires an exchange of data with Rotary International.

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3  Access and right to use Polaris

3.1 Access and inscription

Access to the POLARIS platform is partly open to all internet users. However, the login for access to the members' area is restricted to pre-registered users. In principle, every member of a Rotary Club can register on POLARIS.

Registration on the platform requires the unique and individual creation of a user profile. Each Rotary Club appoints a person responsible for the access and entry of its members on POLARIS. This person defines the necessary data for the connection, namely the user's name, e-mail address and password. Each registered user has a non-exclusive and non-transferable right to use the platform in accordance with these GTC. In general, this right is valid for the duration of the user's affiliation with Rotary.

The right of use ends automatically when membership in a Rotary Club ends. The right of use may also be temporarily or permanently withdrawn at any time irrespective of membership in a Rotary Club if a user violates the applicable GTC, other agreed conditions or acts unlawfully. Such access block may be effected for good cause even without prior warning. Furthermore, Rotary may at any time unilaterally decide to temporarily interrupt access to POLARIS in whole or in part if this is necessary to ensure the proper operation and security of POLARIS, namely to carry out maintenance or revision work. Such temporary interruptions do not entitle the user to claim compensation.

Each user profile is always strictly personal and confidential. It is not permitted to use or share the user profile of another user. A user may not assign his or her profile to a third party. Each user is required to maintain confidentiality with regard to his or her profile, for example by choosing a password. Users are advised to take all precautions to ensure that their access data cannot be disclosed to third parties. Each user must inform Rotary if he or she becomes aware of a breach of the confidentiality of his or her profile so that the necessary measures can be taken.

The minimum age for using the platform is fifteen (15) years​​​​

3.2 User Profile

The most important prerequisite for using the platform is the prior creation of a user profile. The user profile essentially includes all necessary information about the users, but can be supplemented subsequently by Rotary, the user himself or commissioned third parties.

Each user acknowledges and accepts that other users of the platform may view his or her user profile and supplementary information. In essence, the user himself is responsible for any additions, changes, corrections or removal of his data. Each user is responsible for his or her own data registered on the platform, in particular with regard to the completeness, accuracy and correctness of the information disseminated on the platform. Rotary is not obliged to check the accuracy of the information.

Accordingly, the user has the necessary means to make necessary or desired changes and thus prevent the dissemination of undesirable data. The user can also partially limit the access to his data by making changes to the privacy settings (confidentiality parameters). Rotary has also taken steps to restrict access to individual pages of the platform to authorised users only.

In short, the user is solely responsible for all data registered on his profile, namely for completeness, accuracy and timeliness. However, Rotary reserves the right to remove inappropriate content from the platform at its sole discretion. If a user expressly allows other users to access all content of their profile, Rotary is not liable for the actions of these third party users.

4  Responsability of the user

Each user undertakes to use POLARIS only within the framework of the aims and purposes of Rotary in general and the aims and purposes of the platform itself as set out in these GTC. The user undertakes to use the right granted to him only in good faith. Accordingly, he may not use his user profile for unlawful acts.

Users shall refrain from all actions that could hinder general access to the platform or impair the reliability and security of the platform. In particular, users shall refrain from using the platform and the contact details of other club members for their own personal and/or economic purposes that are incompatible with the principles of Rotary. 

The user undertakes not to carry out any manipulation that places an excessive burden on the infrastructure of the POLARIS platform.

The user is liable for any viruses or harmful data that he/she imports into POLARIS intentionally or negligently. Any violation in this regard must be reported to Rotary.

Each user is solely and personally responsible for all content he uploads to POLARIS. Accordingly, each user must take care that such content does not offend public order, morality, applicable law or the rights of third parties and other users. Rotary is not required to verify information in advance in this regard.

Users must also respect the rights of other users. No user may collect content or information from other users systematically or on a large scale. All users must refrain from unauthorised advertising or illegal marketing on POLARIS.

Users must refrain from any actions that violate these GTC’s or the principle of good faith. Rotary shall not be liable for any such acts or for any damage resulting therefrom to third parties or other users.

Any form of inappropriate behaviour will result in sanctions against the user. Rotary reserves the broad discretion to take appropriate action, including the right to immediately revoke the user's right to access the platform without prior warning. Rotary may also take such steps as it deems justified to claim compensation for any damages suffered.
 

5  Responsability of Rotary

Rotary undertakes to take all necessary legal and technical measures to ensure the orderly operation and security of the platform. The POLARIS platform is provided "as is"; each user understands that he/she uses it at his/her own risk. Accordingly, Rotary cannot guarantee that the platform will be accessible at all times or that no interruption or malfunction will occur. In such cases, Rotary will seek to rectify the problem as quickly as possible. As such, Rotary cannot be held liable for any direct or indirect damages due to interruptions or malfunctions. Rotary cannot be held liable for the actions of users or third parties, whether or not they constitute unauthorised or improper use of the platform. 

The platform may contain links to third party websites. These sites are completely independent from POLARIS and their mention does not imply that Rotary recommends or endorses them. As Rotary has no control over the content or technology of such websites, Rotary is not liable for any damages that may arise from the use of external websites.

Rotary is not liable for any content uploaded and/or published by the user on the POLARIS.

6  Price

For the use of the platform, VRM charges the districts and clubs an annual flat fee. 

7  Intellectual property rights

All intellectual property rights to the POLARIS platform belong exclusively and without restriction to the VRM. The VRM licenses the use of the platform to the districts and clubs in accordance with these GTC’s. The use of POLARIS in no way includes the assignment of intellectual property rights to the platform to the respective user.

Users who upload content to POLARIS or make it accessible on district or club pages expressly declare that they have the necessary authorisation to do so. At the same time, they authorise Rotary and the VRM to use this content under a non-exclusive, transferable and royalty-free worldwide licence. Should third parties assert claims against Rotary and/or VRM because the rights of third parties are infringed by the use of content that is presumably protected by intellectual property rights, the respective user responsible for making such content accessible on POLARIS is obliged to fully indemnify Rotary and/or VRM against such claims. Accordingly, the responsible user shall indemnify Rotary and/or VRM for any costs and damages imposed on Rotary and/or VRM by a court judgment or an out-of-court settlement.

 

8  Applicable law and competent jurisdiction

These General Terms and Conditions are governed by Swiss substantive law, to the exclusion of any provisions of private international law which might lead to the application of a different substantive law. The exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions is Zurich, subject to mandatory provisions to the contrary provided for in Swiss law.

 

Polaris TCCH-EN-1.2.docx- March 2022