T&C for associations
TERMS AND CONDITIONS FOR ASSOCIATIONS
Last updated: [2025-01-15]
1. PRINCIPLES AND INTERPRETATION
1.1 The co-operation between the Parties in this Contract shall be influenced by the principles of transparency and accessibility.
1.2 By signing this Contract, the Buyer confirms that the content has been reviewed and understood in its entirety.
1.3 The Seller and the Buyer are in this Contract jointly referred to as the "Parties" or individually as a "Party."
2. BACKGROUND
2.1 The Seller provides a digital platform aimed at simplifying operations for student associations, unions, and other similar organizations. Through the platform, student associations can:
- Sell tickets to events.
- Create profiles for themselves and their partner companies.
- Publish and manage job advertisements for exposure to their followers.
- Offer local discounts to their followers.
- Manage memberships and provide students with access to a digital student card, which offers proof of membership and may include benefits such as discounts or access to partner services.
- Facilitate corporate engagement through Connect, enabling clients to access tools such as the Talent Pool and event analytics.
2.2 The Service includes the following key features:
- Orbi Career: Enables the Buyer to publish and manage job advertisements and employer profiles targeting their followers.
- Connect: Allows the Buyer to offer tools to their clients (e.g., partner companies or exhibitors), including access to student profiles through the Talent Pool, event analytics, and communication tools.
- Discount: Allows the Buyer to create and offer local discounts exclusively to their followers.
- Orbi Ticket: A ticketing solution that enables the Buyer to manage event registrations and ticket sales.
- Membership Management System: Allows the Buyer to handle memberships digitally, offering features such as:
- Creation and management of a member database.
- Distribution of a digital student card to members.
- Integration with other features such as discounts and event access.
3. PERIOD OF VALIDITY AND NOTICE OF TERMINATION
3.1 This Contract shall apply for a period of one (1) year from the date of its entry into force, after which date it will be automatically renewed for a period of one (1) year unless either Party terminates it at least 30 days before the date of expiration.
3.2 This Contract enters into force when the Buyer signs the Contract.
3.3 If a Party wishes to terminate this Contract, it must provide written notice via either mail or e-mail. Such notification shall be deemed effective upon receipt by the other Party.
4. PROFILE
4.1 The Buyer receives a profile on the Service platform. Access to this profile is granted from the first day of this Contract’s validity.
4.2 The Buyer may use the profile to:
- Represent their association to students and companies.
- Publish job advertisements and employer profiles.
- Manage events, ticket sales, and discounts.
- Access and manage membership management tools and analytics.
4.3 The Seller may restrict or revoke access to the profile if the Buyer:
- Violates these Terms.
- Fails to comply with applicable laws.
- Uses the Service in a manner that harms the platform’s reputation or functionality.
5. THE SELLER’S COMMITMENT
5.1 The Seller will provide the following:
- An application with tools for profile management, event organization, and membership management.
- Access to the Orbi Career, Connect, and Discount features.
- Support and training as needed for the Buyer’s use of the platform.
- Analytics and reporting tools.
.6. LIMITATIONS OF THE SERVICE
6.1 The Buyer may not use the Service to engage in or promote illegal activities.
6.2 The Buyer may only sell job advertisements or employer exposure to their followers and may not target individuals outside their audience.
6.3 Any discounts, job advertisements, or posts published via the platform must comply with applicable laws and not contain offensive, false, or discriminatory content.
6.4 Content Moderation:
The Seller reserves the exclusive right to review, moderate, and remove any content published via the platform by the Buyer or their clients (e.g., exhibitors or partner companies) that the Seller, at its sole discretion, deems inappropriate, irrelevant, or otherwise unsuitable for the platform. This includes, but is not limited to, content that the Seller considers offensive, misleading, discriminatory, or inconsistent with the platform’s purpose or values. Such removal may occur without prior notice or explanation, and the Seller’s decision shall be final.
7. PAYMENT
7.1 The Service is provided free of charge, except for a transaction fee applied to ticket sales.
7.2 The standard transaction fee is 1.5 SEK + 1.5% per ticket sold. Custom fees may be agreed upon in writing between the Parties.
7.3 Payments collected through ticket sales will be processed weekly and transferred to the Buyer’s designated bank account.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 The Seller owns all intellectual property rights to the Service, including its design, features, and functionality.
8.2 The Buyer owns all intellectual property rights to the content they publish via the platform.
8.3 The Buyer grants the Seller permission to use their logo and association name for marketing purposes, such as on the Seller’s website and in promotional materials.
9. LIMITATIONS OF RESPONSIBILITY
9.1 The Seller is not liable for any indirect damages, including but not limited to loss of revenue, goodwill, or anticipated savings, arising from the Buyer's use of the Service.
9.2 The Seller's total liability under this Contract, regardless of the basis of the claim, shall not exceed the total amount of transaction fees collected from the Buyer during the 12 months preceding the claim.
9.3 The Seller does not issue any guarantees for the Service, except as explicitly stated in this Contract.
10. PERSONAL DATA
10.1 The Seller guarantees to manage personal data in accordance with The General Data Protection Regulation 2016/679 (GDPR) and other applicable laws. The Seller will not share personal data with third parties except as outlined in clause 10.5.
10.2 The Buyer acts as the data controller for all personal data collected via the platform, including:
- Membership data and data related to the digital student card.
- Ticket purchaser data collected through Orbi Ticket.
- Student data accessed via Connect, including the Talent Pool, when such data has been shared with the Buyer's consent.
10.3 Use of Personal Data via Connect and the Talent Pool:
- The Buyer may offer access to Connect and the Talent Pool to their clients (e.g., exhibitors or partner companies) under the condition that such clients agree to the Seller’s Terms and Conditions.
- The data accessible via Connect and the Talent Pool may include information such as name, email, study program, school, and other details provided by the student.
- Clients accessing Talent Pool via Connect act as independent data controllers for the data they receive.
- The Buyer is prohibited from sharing or reselling student data obtained via Connect or the Talent Pool to unauthorized third parties.
10.4 The Buyer agrees to handle all personal data in compliance with GDPR, including:
- Informing members, ticket purchasers, and students about how their data will be processed.
- Obtaining valid consent for any data processing activities.
- Responding to requests from individuals to access, rectify, or delete their personal data in a timely manner.
10.5 Exceptions for Data Sharing:
The Seller will only disclose personal data:
- When required by law, court order, or government authority.
- To investigate suspected criminal activity.
10.6 The Seller guarantees that no personal data will be used for marketing purposes without prior consent from the Buyer or the individual to whom the data pertains.
10.7 Data Security:
- The Seller and the Buyer must implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or misuse.
- The Buyer is responsible for ensuring that access to the platform is limited to authorized individuals within their organization or among their clients.
10.8 Data Breach Notification:
- In the event of a data breach involving personal data processed via the platform, the Seller will notify the Buyer without undue delay, providing information about the breach and recommended actions.
- The Buyer is responsible for notifying affected individuals and relevant authorities as required under GDPR.
11. CONFIDENTIALITY
11.1 The Parties agree to treat all information exchanged under this Contract as confidential and not disclose it to third parties without prior written consent.
11.2 This confidentiality obligation shall remain in effect for three (3) years after the termination of this Contract.
12. FORCE MAJEURE
12.1 Neither Party shall be liable for delays or failure to perform obligations under this Contract due to events beyond their reasonable control, such as natural disasters, pandemics, or server failures.
13. BREACH OF CONTRACT
13.1 If a major breach of this Contract occurs, the innocent Party has the right to terminate the Contract immediately.
13.2 The breaching Party shall compensate the innocent Party for proven damages caused by the breach.
14. DISPUTE AND GOVERNING LAW
14.1 This Contract shall be governed by the substantive law of Sweden.
14.2 Any disputes arising under this Contract shall be resolved through arbitration administered by the SCC Arbitration Institute in Gothenburg, Sweden.
- CONNECT
15.1 Description of Connect:
Connect is a service provided by the Seller that allows the Buyer (e.g., student associations) to offer features such as Talent Pool and student engagement tools to their own clients (e.g., partner companies or organizations). Through Connect, clients can:
- Access student profiles (with the student's consent) for purposes such as recruitment, event participation, or other engagement activities.
- Communicate with students who have opted to share their information with the client.
- Analyze engagement data, such as profile views, interactions, and other relevant metrics.
15.2 The Buyer's Role:
The Buyer acts as a facilitator and intermediary between the Seller and the Buyer's clients. The Buyer's responsibilities include:
- Informing their clients about the Connect service and the requirement to agree to the Seller’s Terms and Conditions.
- Ensuring that clients understand and comply with GDPR and other applicable data protection laws.
- Only offering Connect to legitimate clients who have agreed to the Seller’s Terms and Conditions.
- Not using Connect directly to engage with students unless explicitly permitted by the Seller.
15.3 Client Acceptance of Terms:
Before gaining access to Connect, the Buyer's clients must:
- Accept the Seller’s Terms and Conditions, which regulate their use of the Service.
- Agree to process student data in compliance with GDPR and other applicable laws.
15.4 Data Sharing and Consent:
- The Seller processes personal data through Connect based on the consent provided by students.
- Students must explicitly agree to share their data with the Buyer's clients before any data becomes accessible.
- The Buyer's clients act as data controllers for the data they access via Connect, while the Seller remains the data processor.
15.5 Prohibited Use:
The Buyer may not use Connect or allow its clients to:
- Use student data for purposes unrelated to recruitment, event participation, or legitimate engagement activities.
- Resell or share student data with unauthorized third parties.
- Publish or share misleading, discriminatory, or offensive content via Connect.
15.6 Liability for Clients:
The Buyer acknowledges that they are responsible for ensuring that their clients comply with the Seller’s Terms and Conditions and GDPR. If a client violates these terms, the Seller reserves the right to:
- Suspend or terminate the client’s access to Connect.
- Hold the Buyer accountable for any damages or breaches caused by the client’s actions.
15.7 Content Moderation:
The Seller reserves the right to monitor and, if necessary, remove any content or data processed via Connect that violates these Terms, GDPR, or other applicable laws.
15.8 Data Security:
The Seller guarantees that all personal data processed via Connect will be handled securely, in accordance with GDPR. The Buyer must ensure that their clients also implement appropriate measures to protect personal data from unauthorized access, loss, or misuse.
16. ORBI CAREER
16.1 Description of Orbi Career:
Orbi Career is a feature within the Service that allows student associations to:
- Create profiles for their organization and their partner companies for exposure to their followers.
- Publish and manage local job advertisements on behalf of partner companies.
- Offer companies the opportunity to reach students based on their study background, career goals, and preferences.
Through Orbi Career, students can:
- Match with employers based on their education and career goals.
- Filter companies by size, benefits, and other relevant criteria.
16.2 Responsibilities of the Buyer (Student Association):
When using Orbi Career, the Buyer agrees to:
- Ensure that all job advertisements and employer profiles published through Orbi Career comply with applicable laws and do not violate any third-party rights.
- Only publish job advertisements for companies that have explicitly agreed to collaborate with the Buyer.
- Manage payments and agreements for local job advertisements directly with the partner companies, unless otherwise agreed with the Seller.
- Ensure that employer profiles and advertisements are accurate, truthful, and not misleading to students.
16.3 Prohibited Use:
The Buyer may not use Orbi Career to:
- Publish false or misleading information about employers or job opportunities.
- Post content that is discriminatory, offensive, or inappropriate.
- Use student data obtained through the platform for purposes unrelated to Orbi Career, including unauthorized marketing or sharing data with third parties.
16.4 Payments for Job Advertisements:
The Buyer is responsible for managing financial agreements with their partner companies for local job advertisements. The Seller does not process payments for local job advertisements unless explicitly agreed in writing.
16.5 Matching and Filtering of Students:
Orbi Career uses algorithms to match students with employers based on criteria such as education, career preferences, and other filters. The Seller does not guarantee the accuracy or success of matches and is not responsible for outcomes resulting from the use of these features.
16.6 Seller’s Role:
The Seller provides the platform and tools for publishing and managing job advertisements but is not involved in the direct relationship between the Buyer and their partner companies. The Seller is not liable for any disputes, payment issues, or other conflicts between the Buyer and their partner companies.
16.7 Student Data:
The Buyer agrees to comply with all applicable data protection laws, including GDPR, when accessing and using student data through Orbi Career. This includes:
- Ensuring that data is only used for the intended purpose of connecting students with employers.
- Safeguarding student data and preventing unauthorized access, disclosure, or misuse.
- Deleting student data upon request or when it is no longer needed for the purposes for which it was collected.
16.8 Removal of Content:
The Seller reserves the right to remove any job advertisement, employer profile, or other content that violates these Terms or is deemed inappropriate, harmful, or misleading.
16.9 Liability for Misuse:
The Buyer acknowledges that any misuse of Orbi Career, including but not limited to the publication of false or illegal content or unauthorized use of student data, may result in:
- Immediate suspension or termination of access to Orbi Career.
- Legal action, if applicable.
17. DISCOUNTS
17.1 Description of Discount:
The Discount feature allows the Buyer to create and manage local discounts and offers for their followers. Discounts may include price reductions, special offers, or other promotions targeted at the Buyer’s followers.
17.2 Responsibilities of the Buyer:
The Buyer agrees to:
- Ensure that all discounts are accurate, lawful, and clearly communicated.
- Target only their followers with discount offers.
17.3 Prohibited Use:
The Buyer may not use the Discount feature to:
- Publish misleading or fraudulent offers.
- Offer discounts that violate applicable laws.
18. VERSION MANAGEMENT
- 18.1 These Terms and Conditions were last updated on [2024-01-15].
- 18.2 Previous versions of these Terms and Conditions are available upon request. Please contact us at [support@orbiapp.io] if you require access to an earlier version.
- 18.3 The Seller reserves the right to modify these Terms and Conditions at any time. Any significant changes will be communicated to the Buyer at least [30 days] before they take effect. Such notification may be sent via email or posted as a notice on the Seller’s website.