Terms of Use

Terms and Conditions

These Terms of Use (the “Agreement”) set forth the terms and conditions that apply to your access and use of the websites, software applications, and other online services (collectively, the “Service”) provided by Sulista GmbH. The Service includes, but is not limited to, the website located at www.sulista.ch (the “Website”) and its localized versions if any. Please find below the Terms of Service ruling the website of Sulista Consulting www.sulista.ch.

Last Update: 18 October 2022

Accepting the Terms

The term “you” or “User” refers to a Visitor or a Member. The term “we,” “us” or “our” refers to Sulista GmbH and all trademarks and subdivisions we represent such as Sulista Consulting. By using (and in return for us providing) the Service, you agree to be bound by this Agreement, whether you are a “Visitor” or a “Member.” If you are a “Member” you will need to confirm your acceptance of this Agreement prior to creating your account. You may not use the Service and you may not accept this Agreement if you are not at least 18 years of age. If you do not agree to this Agreement AND are not major of age, please don’t use the Service.

Privacy and Personal Information

For information about Our privacy and data protection practices, please read Privacy Policy and Cookies Policy found at https://sulista.ch/privacy-policy/. Our privacy policy explains how We collect, use, and share the personal information that you choose to provide when you access the Service.

Description of the Service

As part of the Service, we provide you with a suite of tools and educational material that allows Users to advance in their career transition and also locate and obtain deals on our partners’ services and products, besides helping you make informed purchase decisions at attractive prices. The Service also includes our Career Consulting Packages and any other offerings you will find throughout the Website.

Availability of the Service

You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use Sulista Consulting. We do not promise that the Website, the downloadable material, Applications, or Software can be accessed and used on any particular device or with any particular service plan. We do not promise that Sulista Consulting will be available, or that orders for products and services can be placed from any particular geographic location.

Sulista Consulting cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or inability to access data or other service interruptions. Please ensure that you back-up any communications, information, and content which you may require to continue to access in such situations.

Purchases from Third-Parties, Affiliated and Sponsored Links

All products and services you purchase from a third-party merchant linked from the Sulista Consulting website are: (a) priced by the applicable third-party merchant (including but not limited to whether such prices include any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Sulista Consulting. We are not a re-seller or distributor of any products of third-party merchants displayed within the Website, nor a party to any purchase agreements entered into between you and any third-party merchants.

Sulista Consulting makes no effort to review the Third-Party Accounts for any purpose, including but not limited to policies, practices, accuracy, legality, or non-infringement. Sulista Consulting is not responsible for the products and services offered by or on third-party sites.

We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”) or sponsored links from third-party advertisers. To track this small gain, subject to and in accordance with our privacy policy, your session may be tracked using cookies.

Sulista Consulting does not endorse or guarantee the products or services available through the sponsored advertiser or Affiliate Link, whether or not sponsored.

Sulista Consulting Packages

Sulista Consulting packages are not transferrable after the initial session but you may give as a present as many packages as you want as gift cards. Mind that the gift cards have an expiry date on them after which the service cannot be redeemed and is archived as “provided.”

Periodically Sulista Consulting may make you offers to promote the Service (collectively “Rewards Programs”). We may institute a limit on how many times you can receive each type of reward. These limits will vary from program to program and will be communicated to you. Sulista Consulting reserves the right to withhold or retract Sulista Consulting Rewards if it was accumulated through deceptive, artificial, or illegal means designed to cheat or game the program.

In association with Rewards Programs, you may be issued personalized links that (subject to and in accordance with our privacy policy) track traffic back to your account so that we can issue your rewards. You agree not to promote these personalized links through any unapproved channels which include but are not limited to unsolicited email (SPAM), search advertising, display advertising, or any paid promotional channel. If you have questions about a specific promotional method please contact us for permission BEFORE you begin promoting your personalized link. Failure to do so will result in all rewards being withheld and your account potentially being suspended.

Sulista Consulting reserves the right at any time to cancel, modify or restrict any aspect of our Rewards Programs, including any point conversion ratios, redemption offers expiration terms, etc. Sulista Consulting reserves the right to apply such changes retroactively to rewards already accrued under any Rewards Program if it determines that you have done so in violation of this Agreement.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID and/or email address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that address as needed. Notices will be provided in HTML (if your system does not support HTML, it will transform it into plain-text). We may also (subject to and in accordance with our privacy policy) use your email address to contact you about our own and third-parties’ goods and services that may be of interest to you.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Sulista Career Coaching immediately.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Sulista Consulting immediately.

Your Use of the Service

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes. Subject to your compliance with this Agreement, Sulista Consulting hereby grants to you, a right to (i) use the software and content provided to you as part of the Services for personal, non-commercial purposes; (ii) download a single copy of our software for such use; (iii) make a further copy of the software as necessary for back-up purposes only; and (iv) print a copy of information provided in the Service for your personal, non-commercial use.

Accurate records enable Sulista Consulting to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance, or repair of the Service by Sulista Consulting. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.

You agree that Sulista Consulting may use your feedback, suggestions, or ideas in any way in relation to the provision of Services (or other related products or services), including in future modifications of the Service and advertising or marketing materials (although any use of your personal information will remain subject to our privacy policy).

As is further detailed in our privacy policy, Sulista Consulting collects information about the websites that you visit in order to create a better user experience for you and other Sulista Consulting users. Examples of this type of information include information about the products your browser visits, including the current product prices and other product details. Please consult our privacy policy for further information. In the future (and always subject to our privacy policy), we may offer personalization options in our products that utilize knowledge about what products you are interested in present relevant content and product offers. As we explore ways to use data to build more powerful product experiences that we believe will increase your chance of time and money savings we may provide ways to opt-out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.

You agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including Sulista Consulting);
Violates any law or regulation or this Agreement;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Involves the sharing of any information which is false, inaccurate, or misleading;
Jeopardizes the security of your Sulista Consulting account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other User;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure) or that would bypass the navigational structure or presentation of the Service;
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Involves decompiling, reverse engineering, or otherwise attempting to obtain the underlying source code for the purpose of creating a service to compete with the Services; or
Circumvents, removes, alters, deactivates, degrades, or thwarts any technological measure or content protections of the Service.

If you infringe the rules above, we may immediately suspend or terminate your right to use or access the Services.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Sulista Consulting immediately.

Electronic Notifications

Sulista Consulting may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below, and subject always to our privacy policy. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications.

Automatic notifications may be sent to you following certain changes made online to your Sulista Consulting account, such as a change in your Registration Information.

Voluntary account notifications relating to the operation of the Service may be turned on by default as part of the Service. They may then be customized, deactivated, or reactivated by you. These notifications allow you to choose alert messages for your accounts. Sulista Consulting may add new notifications from time to time, or cease to provide certain notifications at any time, subject always to the provision above (i.e. you will still be able to customize, activate and deactivate, etc. these notifications). Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.

Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications.

Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Sulista Consulting login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service.

If you become aware of any unauthorized use of your Registration Information, you agree to notify Sulista Consulting immediately.

Rights you Grant to Us

If you become aware of any unauthorized use of your Registration Information, you agree to notify Sulista Consulting immediately.

By submitting information, data, passwords, usernames, PINs, other log-in information, materials, and other content to Sulista Consulting through the Service, then (except for User Content, to which the specific rules below apply) you are giving Sulista Consulting permission to use that content solely for the purpose of providing the Service. Sulista Consulting may use and store the content, but only to provide the Service to you. By submitting this content to Sulista Consulting, you represent that you are entitled to submit it to Sulista Consulting for use for this purpose, without any obligation by Sulista Consulting to pay any fees or other limitations.

Sulista Consulting’s Intellectual Property Rights

The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs), and other material are protected under copyright, trademark, and other laws. The contents of the Service belong or are licensed to Sulista Consulting or its software or content suppliers. Sulista Consulting grants you the right to view and use the Service subject to this Agreement. Any distribution, reprint, or electronic reproduction of any content from the Service other than as expressly permitted in this Agreement and without our prior written consent, is prohibited. If you would like to request such permission, shoot us an email at consulting@sulista.ch.

Access and Interference

You agree that you will not do stuff to make it harder for other Users to enjoy our Service. We’d prefer not to have to list all of these things here, so don’t make us.

Rules for Posting Content

As part of the Service, Sulista Consulting may allow Members to post content on various publicly available locations in the Service (“User Content”). You agree in posting User Content to follow the following rules:

You are responsible for all User Content you submit to the Service.
By submitting User Content to us, you agree that you have all necessary rights in the User Content to allow us to use it (including to distribute, copy, modify or display it) in connection with the Service (and related products and services), including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also grant each other User the right to use (including to distribute, copy, modify or display) your User Content as permitted through the functionality of the Service and under this Agreement.
You may not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

Limitations on Sulista Consulting’s Liability

The Service is provided on an “as is” basis. Sulista Consulting specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We are not responsible for loss or damage resulting from your use of the Service that is not ‘foreseeable’. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agree to this Agreement, both you and we are aware that it might occur.

The Service is provided for personal, non-commercial use only. We have no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Service.

You are solely responsible for ensuring the accuracy of any User Content that you provide (and for the consequences, should such user Content not be accurate).

We don’t exclude or restrict (including in the provisions below) our liability in any way that would be unlawful, including our liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

Ending your Relationship with Us (and vice versa)

This Agreement will continue to apply until terminated by either you or Sulista Consulting as set out below.

If you want to terminate this Agreement, you may do so immediately at any time by closing your account for the Service. Please use the directions below to cancel your account, only if you have created a Membership. Otherwise, just uninstall Sulista Consulting and stop visiting our Website and using other Services.

Email Consulting@sulista.ch to cancel your account. Upon doing so:

any data in our records will be retained subject to our privacy policy.

Sulista Consulting may immediately, at any time, terminate this Agreement (and therefore your right to access and use the Service) by notifying you (if safe to do so) to the e-mail address provided by you as part of your Registration Information.

Modifications and Posterior Updates

Sulista Consulting may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and will be effective at the time of posting unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice to you of at least 30 days in the email (or by way of other reasonable means). In addition, the Agreement will always indicate the date it was last revised. You further understand and agree that a different entity of the PayPal Group may provide the Sulista Consulting service in the future to you and will become your contractual partner for these Terms. Again, in this event, we will provide you with reasonable notice of the change.

By continuing to use our services after any changes to this Agreement take effect, you agree to be bound by those changes. If you do not agree to the changes, you are free to exercise your right to stop using the Service and terminate this Agreement (as above).

Governing Law and Forum for Disputes

This Agreement, and your relationship with Sulista Consulting under this Agreement, shall be governed by the laws of Switzerland. However, if you are based outside Switzerland, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.

In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings to the courts. Alternatively, you may submit any dispute to the European Commission Online Dispute Resolution platform for online resolution, accessible [here].

Miscellaneous

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect (and the specific provision deemed invalid or unenforceable will be enforceable as far as permitted).

You agree that if you breach this Agreement and Sulista Consulting does not immediately exercise or enforce any legal right or remedy which it has (including e.g. to terminate this Agreement), this will not prevent Sulista Consulting from doing so at a later date.

Users Based Outside the UK, Based in the United States, Canada, Australia, or New Zealand.

European Users Based outside the UK

If you are a User-based in Europe but outside the UK, some differences to the terms of this Agreement will apply. These will depend on the country in which you are based and are set out below. Please review these carefully, as they form part of the Agreement.

Germany

The section entitled “Limitations on Sulista Consulting’s Liability” above does not limit or exclude Sulista Consulting’s liability for gross negligence in respect of users based in Germany.

Italy

Despite the section ‘Governing Law and Forum for Disputes’ above, if you are a user based in Italy then any dispute between you and Sulista Consulting regarding this Agreement will only be dealt with by the courts of the place in which you are domiciled or resident.

Canada

If you are accessing or using our Services in Canada, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Canada:

Application of the Canadian Provincial Consumer Laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of Canadian provincial consumer laws, including any applicable statutory consumer guarantees and rights, contained in Canadian provincial law. Any disclaimer of representations or warranties, release, or limitation of our liability to you shall only apply to and be enforceable under, this Agreement to the extent permitted by law.
Governing Law for Consumers Residing in Quebec. If you reside in Quebec, the Agreement will be governed by the laws of the Province of Quebec, without giving effect to any principles of conflicts of laws.
Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages, or emails about our own and third-parties’ goods and services that may be of interest to you.

Australia

If you are accessing or using our Services in Australia, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in Australia:

Application of the Australian Consumer Law. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees, contained in the Australian Consumer Law. Any disclaimer of representations or warranties, release or limitation of our liability to you shall only apply to, and be enforceable under, this Agreement to the extent permitted by law, including the Australian Consumer Law, if applicable.
Indemnity. You will not be obliged to indemnify Sulista Consulting under the section titled “Your Indemnification of Sulista Consulting ” to the extent that any claims and expenses arising from the negligence or willful misconduct of Sulista Consulting , its officers, directors, shareholders, and employees.
Modification. Where Sulista Consulting modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
Marketing and communications. Subject to your right to unsubscribe under “Your Registration Information” you consent to receive, and our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, Sulista Consulting Offers, personalized links, or other electronic notifications, which may be of interest to you.
Collection notice and consent. You acknowledge and agree that our Privacy Policy explains how, and the purposes for which we will collect, use, disclose and handle your personal information; how to access and seek correction of your personal information; how you can lodge a complaint regarding the handling of your personal information; and how we will handle any such complaint. If you do not provide us with relevant personal information, we may not be able to provide you with access to parts of the Services. You acknowledge that your personal information may be disclosed to our related entities and to third parties that help us deliver our Services (subject to and in accordance with our privacy policy), including parties located outside of Australia, such as in the United States and the European Union.

New Zealand

If you are accessing or using our Services in New Zealand, the following additional terms apply and form part of the Agreement. In the event of any conflict or inconsistency between the following supplemental terms and the provisions of the main body of the Agreement, the following supplemental terms shall prevail with respect to your access or use of our Services in New Zealand:

Application of New Zealand consumer laws. Nothing in this Agreement will, or is intended to, disclaim, exclude, prevent or limit the application of mandatory provisions of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release, or limitation of our liability to you shall only apply to and be enforceable under, this Agreement to the extent permitted by law.
Indemnity. You will not be obliged to indemnify Sulista Consulting under the section titled “Your Indemnification of Sulista Career Coaching” to the extent that any claims and expenses arising from the negligence or other unlawful act or omission of Sulista Consulting, its officers, directors, shareholders, and employees.
Modification. Where Sulista Consulting modifies this Agreement, we will provide you with reasonable notice, where practicable, of such modification.
Sulista Consulting Packages. Except in the event of fraud, any cancellation, modification, or restriction of any aspect of our Rewards Programs will be effective on our provision of reasonable notice to you, where practicable, and will not apply retroactively.
Commercial Electronic Messages: We will obtain your consent where required by law to send you Electronic Notifications, Push Messages, or emails about our own and/or third-parties goods and services that may be of interest to you. We will comply with all applicable legal requirements in relation to the electronic messages we send you and will ensure that any text messages you receive are not billed to you unless you have specifically consented to the associated fees and charges.

You may also apply for an out-of-court mechanism to solve any dispute relating to this Agreement. By way of example, you may utilize or consult the European Online Dispute Resolution platform referred to above.

Contact Us

Sulista Consulting welcomes comments, questions, concerns, or suggestions. Please send us feedback by emailing us at consulting@sulista.ch.