Company, also website and platform publisher :
Stock capital : 100’000 Euros
Registered in Paris Commerce register under n°813.889.516
Seat at 61 rue de Ponthieu, 75008 Paris, France
Publishing director : Amiel Feldman, President.
Tel: + 33 17 118 20 23
email address: firstname.lastname@example.org
Website hosting (https://www.ejust.ch/):
INFOMANIAK NETWORK SA
Website services, Webhosting,
Avenue de la Praille 26
1227 Carouge GE, Switzerland
Tel: +41 22 820 35 41
email address: https://www.infomaniak.com/fr/support/contact
Platform hosting (https://arbitration.ejust.ch):
Alte Tiefenaustrasse 6
CH-3050 Berne, Switzerland
Tel: + 41 62 286 12 12
email address: https://www.swisscom.ch/fr/clients-prives/aide/contact.html
SECTION 1. Definitions
- Arbitration Data : Data pertaining to the identity of the Parties, of their respective counsels, if any, and the arbitrators (notably but without limitation, first name, last name, trade name, address, seat, email, telephone), as well as the documents, briefs, and other similar information submitted in the context of a Dispute. (“Arbitration Data”)
- Dispute : Disagreement between two persons submitted to arbitration on the Platform. (“Dispute”)
- eJust : A limited company, providing services on its Website www.ejust.ch, with 3’525’000.- CHF stock capital, with seat at 18 avenue Louis-Casaïs, 1209 Genève, and registered in the Geneva Commerce register (CHE-294.610.678), with Mr. Amiel Feldman as its publishing director. (“eJust”)
- eJust Secretariat : The Center’s body tasked with the administration of the Dispute resolution process, the monitoring of the arbitration, the appointment of arbitrators and the oversight of the application of the Rules. (“eJust Secretariat”)
- eJust Services : an online Dispute resolution service using arbitration and the other various related services available on the Website: www.ejust.ch. (“eJust Services”)
- Party(-ies) : The Claimant and/or the Respondent, in the context of a Dispute on the Platform. (“Party(-ies)”)
- Platform : The online Dispute resolution administration system, available at www.ejust.ch. (“Palteform”)
- Rules : The body of rules regulating arbitral proceedings on the Platform. (“Rules”)
- Tribunal : The arbitrator(s) appointed by the eJust Secretariat for the purpose of resolving a Dispute on the Platform. (“Tribunal”)
- User : Any owner of a user-account on the Platform. (“User”)
- Visitor : Any person visiting the Website in order to browse its publicly available content, without being registered or prior to its registration as a User. (“Visitor”)
- Website : Application available through an internet browser, on which the eJust Services are provided. (“Website”)
SECTION 2. Introduction
ARTICLE 1. Purpose of the Website
The Website is a multilingual website created to provide intermediation in an arbitration context, the administration of arbitral proceedings through the Platform, the recording of contractual relationships as well as various operational assistance services to economic players.
ARTICLE 2. Application of the GTU
- Regardless of the use of the Website, Users and Visitors agree to be bound by the GTU by visiting the website www.ejust.ch. The Users / Visitors are bound by the GTU in force at the time of their visit.
- eJust reserves its right to unilaterally modify the Website, the eJust Services, the GTU and the Rules at any time.
- The eJust Dispute resolution services are provided in accordance with the Rules.
- The Visitors and Users which proceed on the Website are all bound by the present GTU.
ARTICLE 3. Ownership over the Website
- The general structure of the Website, its related intellectual property rights, as well as its texts, graphic content, photographs, music, sounds and videos, are eJust’s exclusive property. Any and all representation and/or reproduction and/or exploitation, whether in part or in full, of the content and the services offered by the Website, regardless of the process used, is strictly prohibited unless prior authorization has been given in writing by eJust and could be considered a counterfeit.
- Any and all Intellectual Property rights pertaining to all software, along with updates, new versions and copies thereof, made available to Users and Visitors through the Website belong to eJust and shall remain eJust’s property or of its assignees, successors or assignees and no related right is transferred to the Users/Visitors.
- “eJust”, “Accelerate justice, Accelerate business” and eJust’s graphic representations are registered trademarks of eJust SA, used under license by eJust SAS. Any representation and/or reproduction and/or exploitation of these trademarks, in part or in full, regardless of the process used, is prohibited.
- No reproduction of the Website, in part or in full, is allowed without the prior and express written consent of eJust.
- The Website may contain hyperlinks to other websites. Links to these other websites cause the User/Visitor to leave the Website.
- It is possible to create a link to the Website. It is then mandatory to display the Website in a new window of the browser. This notwithstanding, eJust reserves the right to request the deletion of a link which does not conform to the subject of the Website.
- Users/Visitors agree not to "resell" access to the Website and the Services, or otherwise make them available, whether against payment or free of charge, to a third party and/or other Users/Visitors.
ARTICLE 4. Hosting
The Website www.ejust.ch is hosted on Exoscale servers in Switzerland.
ARTICLE 5. Statement
The data processing operated through the Website has been declared to the CNIL on [03/12/2015], under the reference number .
SECTION 3. Proceeding on the website3>
ARTICLE 6. Capacity to exercise legal rights
- The eJust Services require legal majority to be used, capacity of discernment and full exercise of civil rights.
- A User may represent a minor, a person deprived of legal capacity or of the exercise of civil rights. The representative shall indicate its status at the beginning of its statement of facts and law, and provide all documents evidencing its power of attorney.
ARTICLE 7. User account
- Users are responsible for the activities conducted from their account, and for the confidentiality of their username and password. Users shall immediately inform eJust if they suspect that their account may have been compromised.
- The Website cannot be used for activities infringing the law or the GTU. Any other activities which could directly or indirectly jeopardize the proper operation of the Website or the eJust Services are also prohibited.
- eJust reserves the right to limit or refuse access to an account, to close an account and to withdraw or edit illegal content with regards to applicable laws, the GTU or any other eJust terms, guidelines or policies.
ARTICLE 8. Closing of User account
- Users may request to close their account. Such request must be made in writing, manually signed and sent to eJust by registered mail, along with a copy of the User’s identification card. Closing an account removes it from eJust’s database.
- Closing an account has no effect on:
- Ongoing eJust arbitrations to which the User is a Party;
- The Arbitration Data necessary to the performance of eJust Services, which are kept;
- Contractual relationships submitted to eJust arbitration.
- Despite the closing of their account, Users shall continue to receive communications linked to eJust Services by email in accordance with eJust’s legal obligation to notify Users of arbitration requests filed against them, the evolution of Disputes they are a party to and the awards rendered in the context of these Disputes.
ARTICLE 9. Representation
- Representation by an attorney, a legal professional or another person of trust (“the Representative”) is allowed.
- A User wishing to be represented shall log into its account in presence of the Representative and allow the Representative to perform the tasks requested by the User. Under no circumstance shall the User disclose its connection details to the Representative.
ARTICLE 10. Liability in case of representation
- In all cases, Users are liable for the Representative’s actions, writings and use of their account.
- The Representative may also be held liable for unauthorized use of the Website or unlawful use of confidential data.
ARTICLE 11. Intellectual property
- Users retain all intellectual property rights that they hold over documents, images, sounds or other elements they send on the Platform in the context of an eJust arbitration and, more generally, over all documents uploaded on the Website.
- Users nevertheless grant eJust all licenses necessary to the performance of eJust services, free of charge.
SECTION 4. General obligations of users and visitors
ARTICLE 12. Statement of information accuracy
- Users represent and warranty that all the information they provide in the context of a Dispute are accurate and up-to-date at the time of their submission or, where applicable, at the period in time to which they refer.
- Users must ensure at all times that their personal data (notably names, addresses, trade names, phone number, emails) are accurate and up-to-date; failure to have up-to-date information may result in eJust Services not being provided. Under these circumstances, eJust’s liability is excluded.
- Users’ attention is drawn to the fact that an error in the Arbitration Data can lead to the complete rejection of their claims. In all cases, in accordance with the Rules and the GTU, Users are responsible for the accuracy of their data and bear alone the responsibility for the consequences of inaccuracies therewith.
- Should Users update their information, eJust may keep a copy of the original information in its archives.
ARTICLE 13. Notifications
- Ongoing eJust arbitrations to which the User is a Party;
- The Arbitration Data necessary to the performance of eJust Services, which are kept;
- Contractual relationships submitted to eJust arbitration.
Users agree to receive notifications and communications from eJust through the following means: email, SMS, regular mail and notifications on their User account on the Platform.
ARTICLE 14. Compliance with applicable laws
Each Visitor and User must, as a general rule, comply with the following obligations:
- Comply with applicable laws and regulations;
- Not using the Website or the Platform for illegal or abusive purposes or to otherwise act in a disloyal manner;
- Respect intellectual property rights pertaining to the content submitted by the eJust and the Users on the Website;
- Only provide accurate and up-to-date personal data;
- Not taking commitments on behalf of a third party.
ARTICLE 15. Breach of the GTU
In the event of a breach of the GTU and/or other eJust regulations or policies, eJust reserves its right to suspend access to the Website, to the Platform or to eJust Services for the concerned User(s)/Visitor(s).
SECTION 5. Private data
ARTICLE 16. General policy
- All processing of personal data submitted on www.ejust.ch is done under the responsibility of eJust.
- Users/Visitors expressly consent to the use of all data communicated or gathered on the Platform by eJust.
ARTICLE 17. Data collection
- eJust may collect and record all information communicated by the Users/Visitors through the Platform.
ARTICLE 18. Data processing
- eJust uses the collected information primarily to provide eJust Services, process payments, communicate with Users, and maintain and update User accounts eJust files.
- Information collected by eJust is furthermore used to personalize and continually improve eJust Services.
- eJust may also use the collected information to improve the Website, prevent or detect fraud/abuse or to allow third party intervention – notably in order to develop and/or improve eJust Services.
- Users have a right to access, modify and delete their personal data.
- Users may exercise that right by contacting the editors of www.ejust.ch by regular mail or email: email@example.com.
- The processing of data concerns only personal data that has been collected and processed legally and fairly, for the stated, explicit and legitimate purposes, and are not subsequently processed in a manner incompatible with these purposes.
- eJust may however allow a subsequent processing of that data for statistical or scientific purposes compatible with the initial purpose of the data collection.
ARTICLE 19. Data transfer
- Users expressly agree to the storage of their data in member states of the European Union, EFTA, NAFTA, in their state of residence and in the states in which eJust is present.
- eJust may also transfer personal data to other states, if that transfer is necessary to the performance of any contractual or pre-contractual obligation. The transfer must be in the User’s interest.
ARTICLE 20. Third party service providers (“Providers”)
- eJust may request third parties to supply certain data processing services, such as database cleaning operations, mailings and other similar services.
- These third parties shall have access to the information necessary to the proper performance of their services; the use of that information for other purposes is prohibited.
- Third parties are subjected to a strict confidentiality obligation during, and subsequently to, the performance of their services. In this context, personal data is processed in accordance with applicable laws and the GTU.
- All third party service providers are subjected to the following clauses:
- eJust data carriers and all documents provided by eJust remain eJust’s property.
- Data contained in these carriers and documents, as well as information received by the Provider in the course of the performance of this contract, is strictly covered by trade secret and professional secrecy.
- The Provider undertakes to enforce all relevant precautions to preserve the security of the data and notably prevent their alteration, corruption, loss or communication to unauthorized persons.
- eJust therefore undertakes to have all Providers comply with the following obligations:
- Not keeping any copy of the documents and data carriers entrusted with them, to the exception of what is necessary to the performance of the services foreseen in the contract. The data controller’s prior consent is required for any conservation of a copy of the data or the carriers;
- Not using the processed documents and data for other purposes than those stated in the contract;
- Not disclosing these documents or information to third parties, whether private or public entities, whether natural or legal person;
- Take all measures allowing to avoid an unlawful or abusive use of the files during the performance of the contract;
- Enforce all security measures, notably physical measures, to ensure the conservation and integrity of documents and information processed during the lifetime of the contract;
- Destroying any copies of the documents and information that have not been returned to eJust and for which eJust has not allowed the conservation of a copy.
The Provider shall not be allowed to sub-contract the performance of the services to a third party, nor transfer this contract without eJust’s prior written approval.
eJust reserves the right to conduct all verifications it may deem appropriate to ensure compliance with the above stated obligations by the Provider.
In the event of a breach of the above-stated provisions, the Provider’s liability may also be sought on the basis of the applicable criminal law.
eJust may terminate the contract with immediate effect in the event of a breach by the Provider of a trade secret, of professional secrecy or of the above stated obligations. The Provider shall not be entitled to any compensation.
ARTICLE 21. Data security
- eJust ensures the physical and technical security of collected data and applies backup processes to process, conserve, transmit and use this data. In this context, eJust is ISO 27001 certified.
- Security processes may require eJust to request Users to provide proof of their identity, notably a scan of their identification card / passport.
- Users are encouraged to actively protect their computers, tablets, smartphones and other similar devices, in accordance with the recommendations of recognized institutions, against infection by malware or viruses, and to prevent unauthorized access by third parties.
ARTICLE 22. Disclosure of information
- User data can be disclosed upon order by a competent authority.
- In the context of eJust arbitration proceedings, and in accordance with the Rules, Users expressly consent to the disclosure of their Arbitration Data to all persons involved in that arbitration, notably the Parties, the arbitrators, eJust technicians, experts and the eJust Secretariat.
- eJust may also disclose User data to third parties, if that disclosure is necessary to enforce the GTU, the Rules, or to protect eJust’s rights or the integrity of the Website or the rights of other Users. In this context, the disclosure shall be limited to the relevant elements and the disclosed information shall not be useable for other purposes than those which warranted the disclosure.
SECTION 6. Liability
ARTICLE 23. Security & access to the Website
- eJust shall take all appropriate precautions, with regards to the nature of the data and the risks related to the processing, to ensure the security and integrity of the data and to, notably, prevent its corruption or compromising.
- Should eJust Services be unavailable, eJust will ensure that all User rights in relation to ongoing proceedings are preserved and that Party equality is maintained.
ARTICLE 24. Liability exclusion
- To the extent permitted by the law, eJust (and those with whom eJust works in order to provide the eJust Services):
- Does not make any express or implied warranty (e.g. quality, adequacy to a particular use, accuracy of data, no counterfeits);
- Does not guarantee that the services shall operate without interruption or without error;
- Provides its services, along with the content and information, “as such” and “as available”.
- eJust does not accept liability for:
- Interruption of the Website for technical maintenance or update of published information or temporary unavailability of eJust Services due to technical reasons, irrespective of the cause.
- Economic losses incurred by a User, whether loss of earnings, net loss, loss of an opportunity or any other form of loss. Indirect losses are, in any event, not compensated.
- Direct or indirect prejudices incurred by a User, irrespective of its nature, resulting from the content of the Website, the User’s access thereto or the use of the Website of other websites belonging to eJust.
- Uses of the Website or the Platform for other purposes than those foreseen in the Rules and the GTU.
- Unlawful use of Arbitration Data by an arbitrator or a Party. This notwithstanding, the victim shall have the right to file a claim against the author of the unlawful use.
- The content of websites, which eJust website www.ejust.ch has a hyperlink pointing to.
- Abusive or unlawful use of eJust’s websites. The author of such actions is solely and entirely responsible for the damage caused to third parties and, or, to eJust, and for the consequences of the subsequent complaints and/or lawsuits that may ensue. Users furthermore forego any right or claim against eJust, if they are sued by a third party for their unlawful / abusive use of eJust’s websites.
- Should a Tribunal hold the above limitations to be unenforceable, eJust’s liability shall be limited to the amount of EUR 10’000’000 (ten million euros).
- Gross negligence and fraud are reserved.
SECTION 7. Miscellaneous provisions
ARTICLE 25. Document’s hierarchy
In the event of conflicting provisions between the GTU and the Rules, the Rules shall prevail.
In the event of conflicting between different languages of the GTU’s drafting, the English version shall prevail.
ARTICLE 26. Severability
Should a provision of the GTU be void or otherwise unenforceable, irrespective of the cause, the validity or the other provisions of the GTU shall not be affected.
ARTICLE 27. Non-waiver
The non-enforcement of a right shall not be construed as a waiver of that right. The non-enforcement by eJust of a right in a specific case does not prevent eJust from enforcing that right in another case.
ARTICLE 28. Acceptance of the GTU
All Users/Visitors confirm having read the GTU and legal information of the Website: www.ejust.ch and confirm accepting them.
SECTION 8. Applicable law and jurisdiction
ARTICLE 29. Applicable law
The GTU, as well as all contractual relationship or other interactions with eJust, are governed by Swiss law.
ARTICLE 30. Jurisdiction
Failing to reach an amicable settlement, any dispute arising out of, or in connection with, the GTU, the Rules or eJust’s activity in general, shall be submitted to the exclusive jurisdiction of the courts of Geneva, Switzerland.