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MEMBER AGREEMENT

Last updated on December 123, 2020.  This Member Agreement is effective December 23, 2020. 

Welcome to Indigen! This agreement (‘Agreement’) describes your rights and responsibilities related to your use of Indigen’s website, mobile apps, and services as a registered Indigen member, and what you can expect from us. By creating your Indigen account, clicking ‘continue’, or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding Agreement, along with the Privacy Policy and the Cookies Policy and Your Choices (linked below). If you join the B-Hive, you agree to be bound by the terms of this Agreement, and acknowledge that you have read the Privacy Policy, the Cookies Policy and Your Choices. If you are using the B-Hive, you also acknowledge that you have already read and agreed to the Terms and Conditions of Mighty Networks, the service provider for the B-Hive.

Indigen is the hub for trusted connections and the exchange of helpful information, goods, and services. We use ‘Indigen’, ‘we’, ‘us’ and ‘our’ here to refer to the Indigen website, and our Services: the B-Hive and the B-Matched Program. 

Terms:

Services: The B-Hive online network and the B-Matched matching program. We use ‘Indigen’, ‘we’, ‘us’, and ‘our’ to refer to our Services.

Content: The text, photos, video, responses and other content you submit to Indigen.

Business Profile: A type of account within the B-Hive, that helps members learn about the businesses in their communities.

Local Guide: Anyone who has lived in the Basel region for over one year, is interested in helping Newcomers settle and has joined our B-Matched Program.

Newcomer: Anyone who is planning to move to the Basel region, or has moved here within the past year and have joined our B-Matched Program.

B-Hive: An online network that has informative videos and articles to help new expats settle in Basel. It is also a network of social groups where anyone living in Basel can explore their interests, ask questions and meet new people.

B-Matched Program: A pairing we facilitate between a Newcomer and a Local Guide that typically lasts at least 3 months.

Links:

 

1. Eligibility.

Each person is limited to one account per residence, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account. Specialized accounts (such as Business Profiles) are allowed to authorize more than one representative of their business or organization to utilize their account password for use in their official capacity.

When you register for Indigen YOU MUST USE YOUR REAL NAME, not a pseudonym, except in circumstances that, in Indigen’s sole judgment, warrant an exception.  Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.

You may NOT use our Services if: (1) you are a resident of the Switzerland and are under 13 years old (or do not meet applicable age requirements to use social media services where you live); (2) you are a registered sex offender or share a household with one; (3) we previously disabled your account for violations of our terms or policies; or (4) you are prohibited from receiving our Services or platform under applicable law.  If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this Agreement on your behalf and that you are fully able and competent to enter into this Agreement.

We need your help to enforce these eligibility requirements. If you believe that a member in your neighborhood does not meet these eligibility requirements, you may report your concerns to us by contacting us. Indigen reserves the right to refuse registration to any person or household and to suspend, delete or deactivate your account or limit your privileges at any time, without liability to you.

2. Privacy and preferences.

The Services, including any personalized Services, cannot be provided and the Agreement cannot be performed without Indigen processing data about you and other members and visitors. For more information please read our Privacy Policy (linked above).

By default, you will receive notifications about items that come up on your feed. You may also opt in to various topics for which you will then receive notifications. You can change your preferences on the B-Hive.

3. Content and feedback.

You retain all ownership rights to the text, photos, video, responses and other content you submit to Indigen (collectively, your ‘Content’). You give us permission, in the form of a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license, to use, copy, and publish your Content based on your Indigen settings and the selections you make when posting and as otherwise described in our Privacy Policy.  This means, for example, if you post a comment on Indigen, you give us permission to store, copy, and share it with others (consistent with your settings), such as with service providers that support our Services. Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do our best to  proactively moderate Content posted by members; this means we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe intellectual property, or otherwise engage in behavior that we think harms the Indigen community.

You give us permission to use your name and profile picture, and information about actions you have taken on Indigen with no additional compensation to you.  For example, we may use your name and profile picture to show other members that you have liked, commented on or recommended on content on Indigen.  We may also post and re-post these likes, comments, recommendations and other interactions, along with your name and profile picture, in different areas of the Services from time to time.  For the avoidance of doubt, this permission is not intended to constitute a consent under EU data protection law. 

We welcome you to share any feedback, suggestions, or ideas you have about Indigen with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.

4. Interactions with other members.

4.1. Be a good neighbour.

At Indigen, we believe that neighbourly behaviour is the foundation of healthy communities. This Agreement includes our Member Guidelines on the B-Hive on appropriate use of the Indigen B-Hive and B-Matched programs.

4.2. Transactions with other members.

In using Indigen and its member-to-member transactional features (such as engaging with an individual business’s promotion), you, and not Indigen, are responsible for your own decisions and actions. In addition, your use of the Business Profile or any similar feature does not make us an employer, placement agency, representative, or agent of or for you or any other member or service provider. If you and another member decide to work together, the two of you, and not Indigen, are responsible for complying with any laws that might apply, such as tax or employment laws. Indigen is not a party to transactions or disputes between members. If you write a recommendation or other comment about a transaction with a neighbor or their business (for example, a recommendation of a tutor), be truthful, fair and neighborly in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

4.3. Disputes between members; waiver of claims against Indigen.

In the real world and online, people sometimes disagree. If you have a dispute with another Indigen member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that Indigen is not responsible for the actions of its members; each member is responsible for their own actions and behavior. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

5. Local Guides.

Some members, known as Local Guides, are provided with additional account features to use to support their community; they are not Indigen employees, representatives, or agents. Indigen does not interview, run background checks on, monitor, supervise, or control Indigen members, including those who are granted Local Guide status. 

6. Copyright and DMCA.

If you believe Content on Indigen infringes your copyright, you can reach us at Email: info@indigen.space

7. Dispute resolution.

If you have a dispute with Indigen, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.

8. Integration.

This Agreement constitutes the entire agreement between you and us with respect to our Services, and supersedes any other agreements or understandings (oral or written).  We can amend this Agreement and any additional terms by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in your community’s news feed). If you keep using Indigen after the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using Indigen and delete your account.

9. No warranty.

Indigen and the associated software and services are provided ‘as is’. We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using Indigen or the affected feature. 

10. Indemnity.

If someone brings a claim against Indigen (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as damages.

11. Liability Limits.

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH INDIGEN, INCLUDING THE INDIGEN SERVICES, OUR SOFTWARE, YOUR USE OF INDIGEN OR ANY INDIGEN SERVICE, OR THIS AGREEMENT. IN NO EVENT SHALL INDIGEN OR OUR SUPPLIERS BE LIABLE TO YOU FOR MORE THAN $100.

12. General.

This agreement does not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations are for convenience only. If any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. 

13. Provision of Services and control of information.

The Services are operated and provided to you by Indigen, a Swiss organisation. For the purposes of EU data protection law, Indigen is the controller of your information and Mighty Networks, whose software runs our B-Hive.  The privacy protections and the rights of authorities to access your personal information in the countries to which we transfer data may not be the same as in your home country. Indigen will only transfer personal data as permitted by law, and will take steps intended to ensure appropriate protection of your personal information; please review our Privacy Policy for details. If you have questions, please contact us.

14. Jurisdiction and governing law.

Swiss law shall apply to this Agreement and Swiss courts shall have exclusive jurisdiction to hear disputes arising in relation to the Agreement. 

© 2020 INDIGEN SWITZERLAND

Art and design © Meaghan Renner Ofori